On this page
Who and what the Fair Housing Act covers
The Fair Housing Act prohibits discrimination because of:
- Race
- Color
- National origin (including ancestry, ethnicity, and language-related discrimination)
- Religion
- Sex (including sexual harassment)
- Familial status (households with children under 18, pregnant people, and people securing custody)
- Disability (physical or mental)
It applies to most housing and housing-related activities: renting, selling, advertising, lending, appraisals, insurance, zoning, and the terms and services of a tenancy.
Examples of illegal discrimination
- Refusing to rent, or saying a unit is unavailable when it isn’t
- Different rents, deposits, fees, or screening standards for some groups
- Steering people toward or away from buildings or neighborhoods
- Discriminatory ads (“adults only,” “perfect for a single professional,” “English speakers only”)
- Sexual harassment by a landlord, manager, or maintenance worker, including requests for sex in exchange for rent or repairs
- Refusing a reasonable accommodation or modification for a disability
- Harassment or eviction because of a protected characteristic
- Retaliation or intimidation for filing a complaint or helping someone else
- Discriminatory mortgage terms or appraisals
Disability protections
People with disabilities have additional rights:
- Reasonable accommodations in rules, policies, and services (for example, an assistance animal in a no-pet building, a reserved parking space, or a change in rent due date to match benefit payments)
- Reasonable modifications to the unit or common areas (for example, grab bars or a ramp), generally at the tenant’s expense in private housing and the provider’s expense in federally funded housing
- Accessible design requirements for most multifamily buildings built for first occupancy after March 13, 1991
See reasonable accommodations and modifications.
Familial status
Families with children can’t be refused, charged more, or segregated to certain floors or buildings. Occupancy limits must be reasonable (HUD has generally treated two people per bedroom as a starting point, adjusted for unit size, configuration, and local codes). Qualifying senior housing is exempt.
Exemptions
The federal law exempts:
- Owner-occupied buildings with four or fewer units
- Single-family homes rented or sold by an owner who owns no more than three such homes, without using a broker or discriminatory ads
- Qualifying housing for older persons
- Religious organizations and private clubs in limited situations
None of these exemptions allow discriminatory advertising, and state or local laws often cover them.
State and local protections
Many states and cities add protected classes such as:
- Sexual orientation and gender identity
- Source of income (including housing vouchers). See source-of-income discrimination
- Age
- Marital status
- Military or veteran status
- Criminal history (in some cities, “fair chance” housing ordinances)
- Immigration or citizenship status (some states)
What changed federally in 2025–2026
- Guidance withdrawn: in September 2025, HUD withdrew a range of fair housing guidance documents, including guidance on assistance animals, limited English proficiency, criminal-records screening, and LGBTQ+ protections. The statute and regulations still apply.
- Sexual orientation and gender identity: HUD stopped processing complaints on those grounds after the 2021 executive order implementing Bostock was revoked in January 2025. State and local protections are unaffected.
- Disparate impact: in January 2026, HUD proposed removing its discriminatory-effects regulation, with a supplemental proposal in August 2026. As of this update, the regulation hasn’t been removed, and the Supreme Court’s 2015 Inclusive Communities decision still recognizes disparate impact claims under the Fair Housing Act in court.
- Enforcement capacity: changes to HUD staffing and to grants for private fair-housing organizations have slowed some investigations. State and local agencies and private lawsuits remain available.
How to document discrimination
- Write down what happened, when, where, and who was involved—as soon as possible.
- Save ads, texts, emails, applications, denial letters, and voicemails.
- Note witnesses and anyone treated differently (for example, a friend who was told the unit was available).
- Keep receipts for application fees and costs caused by the discrimination.
- Consider testing: fair-housing organizations can send testers to see whether different people are treated differently.
How to file
| Option | Deadline | Notes |
|---|---|---|
| HUD Office of Fair Housing and Equal Opportunity | 1 year from the last act | Online, phone (800-669-9777), mail, or email; free; HUD may refer to a state or local agency |
| State or local fair housing agency | Varies (often 1 year) | Many are “substantially equivalent” to HUD and handle HUD complaints too; may cover extra protected classes |
| Federal or state court | Generally 2 years | You can sue even without filing with HUD; attorneys may take cases for fees |
| Private fair housing organization | — | Free help documenting, testing, and filing |
| DOJ Civil Rights Division | — | Handles pattern-or-practice cases and some referred cases |
What you can win: actual damages (including emotional distress), injunctive relief (such as being offered the unit), civil penalties, and in court, punitive damages and attorney’s fees.
Retaliation is also illegal
It’s illegal to coerce, intimidate, threaten, or interfere with anyone for exercising fair housing rights or helping others do so. If you’re threatened with eviction or rent increases after complaining, document it and report it. See landlord retaliation.
Frequently asked questions
How long do I have to file a fair housing complaint?
With HUD, within one year of the last discriminatory act. In federal or state court, generally within two years. State and local agencies may have different deadlines, sometimes shorter. File as soon as you can.
Does fair housing law protect voucher holders?
Federal law doesn’t list source of income, but about 20 states, D.C., and many cities do. Voucher refusals can also violate federal law if they’re a pretext for race, disability, or other protected-class discrimination.
Can a landlord refuse to rent to families with children?
No, except in qualifying housing for older persons (55+ or 62+ communities meeting federal requirements). Landlords can’t steer families to certain units, charge more, or set unreasonable occupancy limits to exclude children.
Are small landlords exempt?
Some are. The federal law exempts owner-occupied buildings with four or fewer units (the “Mrs. Murphy” exemption) and some single-family homes rented by owners without a broker—but never from the ban on discriminatory advertising, and state or local law may cover them.
Is discrimination based on sexual orientation or gender identity illegal?
Many states and cities explicitly prohibit it. At the federal level, HUD stopped processing complaints on those grounds in 2025 after withdrawing its earlier interpretation. Courts may still treat some such discrimination as sex discrimination. File with your state or local agency where protected, and consult a fair-housing organization.
What happens after I file with HUD?
HUD (or a substantially equivalent state or local agency) investigates, offers conciliation, and if it finds reasonable cause, issues a charge heard by an administrative law judge unless either side chooses federal court. Remedies can include actual damages, injunctive relief, and civil penalties.
Sources and verification
Use these sources to check program rules. Funding, openings, and local procedures must be confirmed with the agency handling your application.
- Fair Housing Act overviewU.S. Department of Housing and Urban Development
- File a housing discrimination complaintU.S. Department of Housing and Urban Development
- FHEO intake and investigation processU.S. Department of Housing and Urban Development
- 42 U.S.C. §§ 3601–3619 (Fair Housing Act)Legal Information Institute, Cornell Law School
- HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard (proposed rule)Federal Register
- Housing discrimination (DOJ Civil Rights Division)U.S. Department of Justice
Found a changed rule or a broken link? Report a correction for this guide.