The Fair Housing Act: Your Rights Against Housing Discrimination
The federal Fair Housing Act makes it illegal to discriminate in renting, buying, or financing housing because of race, color, national origin, religion, sex, familial status, or disability. You can report a violation to HUD within one year of the last incident, or file your own lawsuit within two years.
What the law says
- The Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability. HUD, Fair Housing Act Overview
- It covers renting or buying a home, getting a mortgage, seeking housing assistance, and other housing-related activities. HUD, Fair Housing Act Overview
- It is illegal to refuse to sell or rent, refuse to negotiate, or otherwise make a dwelling unavailable because of a protected characteristic, or to set different terms, conditions, or privileges. 42 U.S.C. § 3604(a)-(b)
- It is illegal to publish any notice, statement, or advertisement for the sale or rental of a dwelling that indicates a preference, limitation, or discrimination based on a protected characteristic. 42 U.S.C. § 3604(c)
- It is illegal to falsely tell someone a dwelling is not available for inspection, sale, or rental when it is. 42 U.S.C. § 3604(d)
- For people with disabilities, refusing reasonable modifications of the premises (at the tenant's expense) or refusing reasonable accommodations in rules, policies, practices, or services is discrimination. A landlord may, where reasonable, require a renter to agree to restore the interior at the end of the tenancy. 42 U.S.C. § 3604(f)(3)
- Limited exemptions exist: certain single-family houses sold or rented by an owner who owns no more than three such houses, without using a broker or discriminatory advertising, and rooms or units in owner-occupied buildings with living quarters for no more than four families. The advertising ban still applies to these exempt owners. 42 U.S.C. § 3603(b)
- A HUD complaint must be made within one year of the last incident of discrimination. 24 C.F.R. § 103.35
- You can file a private lawsuit within two years after the discriminatory practice occurred or ended; time while a HUD administrative proceeding is pending does not count. 42 U.S.C. § 3613(a)(1)
- A court may award actual and punitive damages and issue injunctions or other orders. 42 U.S.C. § 3613(c)(1)
How to file a complaint
Report housing discrimination to HUD's Office of Fair Housing and Equal Opportunity (FHEO) online, by phone at 1-800-669-9777, or by mailing the complaint form to your regional FHEO office. HUD must receive your complaint within one year of the last incident. HUD, Report Housing Discrimination; 24 C.F.R. § 103.35
FAQ
Can a landlord refuse an assistance animal or other accommodation for a disability?
Refusing a reasonable accommodation in rules, policies, practices, or services that a person with a disability needs to have an equal opportunity to use and enjoy a dwelling is discrimination under the Act.
Can a landlord refuse to rent to families with children?
Familial status is a protected class under the Fair Housing Act, so refusing to rent because of it is generally prohibited.
How long do I have to complain?
One year from the last incident to file with HUD, and two years to file your own lawsuit.
Does the Act cover a small owner-occupied duplex?
Units in an owner-occupied building with living quarters for no more than four families are exempt from most of § 3604, but discriminatory advertising is still prohibited. State or local law may give broader protection.
Related
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- How to Apply for Section 8: Eligibility, Waitlists and Income Limits
- Can a Section 8 Tenant Be Evicted? Rules and Notices
- Section 8 Income Limits Explained (2026)
- Section 8 Inspection: What Inspectors Check (NSPIRE)
- Renting to Section 8 Tenants: Rules for Landlords
- Section 8 Payment Standards and Fair Market Rent Explained
- Moving With a Section 8 Voucher (Portability): How It Works
- Can You Lose Your Section 8 Voucher? Reasons and Hearings
- What Are Squatters' Rights?
- What Is a Security Deposit?
- Landlord-Tenant Law by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.