Fair Housing Act: A Practical Guide to Fair Housing Laws

What Is the Fair Housing Act?

The Fair Housing Act is a federal law enacted as part of the Civil Rights Act of 1968. It prohibits discrimination in housing-related activities based on certain protected characteristics. In 1988, the Act was expanded to include protections for people with disabilities and families with children.

The law applies broadly to housing transactions, including:

• •Renting or leasing housing
• •Buying or selling housing
• •Mortgage lending and housing finance
• •Housing advertising
• •Housing assistance and services

The Fair Housing Act is administered and enforced by the U.S. Department of Housing and Urban Development (HUD) through its Office of Fair Housing and Equal Opportunity (FHEO).

What Does "Equal Housing Opportunity" Mean?

Equal housing opportunity means that individuals should have the same access to housing choices regardless of protected characteristics. Decisions about housing must be based on legitimate, nondiscriminatory criteria related to the housing itself — not assumptions about people.

Equal housing opportunity applies not only to intentional discrimination, but also to policies or practices that have a discriminatory effect, even if discrimination was not intended.

What Is Housing or Rental Discrimination?

Housing discrimination occurs when a person is treated differently, denied access, or subjected to unequal terms because they belong to a protected class. Courts recognize two main forms:

Both forms can create legal liability.

Protected Classes Under Federal Law

The Fair Housing Act prohibits discrimination based on:

• •Race
• •Color
• •Religion
• •Sex (including sexual orientation and gender identity)
• •National origin
• •Familial status (households with children under 18)
• •Physical or mental disability

Additional Protected Classes Under State and Local Law

Many states and cities provide additional protections, which may include:

• •Age
• •Citizenship or immigration status
• •Veteran or military status
• •Source of income (e.g., housing vouchers, rental assistance)
• •Sexual orientation or gender expression
• •Genetic information
• •Criminal history (with restrictions on how it may be used)

Housing providers and professionals should review local laws, as they often go beyond federal requirements.

Advertising and Marketing Restrictions

Housing advertisements must focus on the property, not on who the housing is "for."

Prohibited practices include:

• ✗Expressing preferences or exclusions
• ✗Discouraging certain groups from applying
• ✗Falsely stating that housing is unavailable

Examples of risky language:

• "Perfect for young professionals"
• "Ideal for couples"
• "No children"

Best practice is to describe features, amenities, and policies — not people.

Screening and Qualification Standards

Housing providers may screen applicants, but screening criteria must be:

• ✓Applied consistently
• ✓Documented
• ✓Related to legitimate business interests
• ✓Free of discriminatory intent or impact

Best practices include:

• •Asking the same questions of all applicants
• •Using standardized applications and scoring criteria
• •Avoiding questions about protected characteristics
• •Providing clear reasons for denial when applicable

Occupancy Standards and Families With Children

Familial status is a protected class. Housing providers:

• ✗May not refuse housing because children are present
• ✗May not impose extra fees because of children
• ✗May not steer families toward specific units

Occupancy standards should be reasonable and based on:

• •Unit size and layout
• •Local building codes
• •Health and safety considerations

Common guidance includes HUD's Keating Memorandum (often interpreted as two persons per bedroom, with flexibility) and local square-footage standards. Rules should refer to "persons," not children, and be applied uniformly.

Reasonable Accommodations for Disabilities

Individuals with disabilities are entitled to reasonable accommodations — changes to rules or policies that allow equal use and enjoyment of housing.

Examples include:

• •Allowing assistance animals (not pets)
• •Providing reserved parking
• •Adjusting policies for disability-related needs

Housing providers must engage in an interactive process and may request limited verification if the disability is not obvious. They may not ask about the nature or severity of the disability.

Requests may only be denied if they would:

• ✗Impose an undue financial or administrative burden
• ✗Fundamentally alter the nature of the housing provider's operations
• ✗Pose a direct threat supported by objective evidence

Reasonable Modifications

Reasonable modifications are physical changes to a property that allow access.

Examples include:

• •Ramps
• •Grab bars
• •Lowered counters

Responsibility for costs may depend on the housing type and funding source. Requests should never be ignored, and delays can be treated as denials.

Emotional Support and Assistance Animals

Assistance animals are not pets under fair housing law.

Housing providers generally may not:

• ✗Charge pet fees or deposits
• ✗Impose breed or size restrictions
• ✗Deny access to common areas

Providers may require reliable documentation when the disability or need is not apparent and may enforce reasonable behavior and damage rules.

Who May Be Exempt From Certain FHA Provisions?

Limited exemptions may apply, including:

• •Owner-occupied buildings with four or fewer units
• •Single-family homes rented without a broker
• •Housing operated by religious organizations or private clubs
• •Qualified "housing for older persons" (55+ or 62+ communities)

Retaliation and Harassment Are Prohibited

It is unlawful to retaliate against someone for:

• ✗Filing a fair housing complaint
• ✗Assisting in an investigation
• ✗Exercising fair housing rights

Harassment, intimidation, coercion, or interference with housing rights is prohibited.

Fair Housing & LGBTQ+ Specific Protections

Fair housing protections explicitly include sexual orientation and gender identity as protected characteristics under the "sex" classification. In 2021, the U.S. Department of Housing and Urban Development (HUD) formally clarified that discrimination based on sexual orientation or gender identity is a form of prohibited sex discrimination under federal law.

Many states and cities provide additional explicit protections for LGBTQ+ individuals, including protections based on gender expression, marital status, and domestic partnership status.