The Fair Housing Act is a federal law passed in 1968. It was created to stop discrimination in housing and to make sure everyone has a fair chance to buy, rent, or live in a home. This law applies to most housing in the U.S. and protects people from being treated unfairly because of their race, color, religion, sex, national origin, disability, or familial status.
Before the Fair Housing Act, it was legal for landlords, real estate agents, and lenders to deny housing based on someone’s background. That meant many people were left without a fair shot at housing, especially people of color and other marginalized groups. Today, the Fair Housing Act works to give equal housing opportunity to everyone, no matter where they come from or who they are.
The act covers both the sale or rental of housing and applies to private landlords, property managers, and real estate professionals. It also applies to mortgage lenders and those offering housing assistance. The law requires these groups to treat all applicants the same and avoid actions that would keep certain people out of housing unfairly.
Fair housing laws are not only federal. Many states and local governments have passed their own rules that go beyond the federal Fair Housing Act. These laws may protect more groups, such as sexual orientation, gender identity, source of income, or military status.
These state and local rules are important because they can fill in the gaps where federal law doesn’t go far enough. For example, while federal law does not directly include protections for LGBTQ+ people, some states do. If you feel your rights are being violated, you can contact a HUD-approved housing counselor for help understanding your options under both federal and state law.
For help from trusted nonprofit organizations, Credit.org offers free housing counseling that includes information about tenant rights and how to file a fair housing complaint.
Fair housing means people should not face barriers when trying to find a place to live. It applies to all types of homes—single-family houses, apartments, condos, and even mobile homes. It also applies to different housing services, such as applying for a loan, looking for a rental, or getting housing assistance.
If someone treats you differently during the housing process—because of your background or family situation—it may be housing discrimination. This can happen in obvious ways, like saying an apartment is no longer available after meeting you, or in subtle ways, like setting different terms or prices for different people.
Even policies that seem neutral can sometimes be discriminatory if they have a bigger impact on one group. That’s why housing providers have to make reasonable accommodations or modifications when needed, especially for persons with disabilities.
Housing discrimination happens when someone is treated unfairly while trying to buy, rent, or live in housing. It is illegal under federal fair housing laws to discriminate based on race, color, religion, national origin, sex, familial status, or disability.
This kind of discrimination can happen in many ways. A landlord might refuse to rent to a family with children, or a real estate agent might steer clients toward certain neighborhoods based on their race. Sometimes, mortgage lenders may charge higher rates or deny home loans for reasons that are not based on credit history. These actions violate the law and take away the right to equal housing opportunity.
Another type of discrimination is when housing providers fail to make reasonable accommodations for people with disabilities. For example, if someone needs a service animal or a grab bar installed in the bathroom, landlords must allow those changes unless it creates an undue financial or administrative burden.
The U.S. Department of Housing and Urban Development (HUD) investigates claims of housing discrimination. To learn more about how the law protects people with disabilities in housing, visit the HUD Fair Housing and Equal Opportunity Office.
-min.webp)
The Fair Housing Act is one of several laws that make up the broader category of housing laws. The Civil Rights Act of 1964 and the Rehabilitation Act of 1973 also play a part in promoting equal access to housing.
The housing act covers most housing transactions and is enforced at the federal level by HUD. It also influences how public housing agencies, mortgage lenders, and property managers operate. Even home improvement loans and housing services have to comply with fair housing standards.
Local housing authorities and courts use the act to investigate unfair housing practices. If someone has been denied housing, forced out of their home, or treated differently than others, they can file a complaint. This starts a legal process where HUD or the local agency will determine if a violation has occurred.
It’s important to know that housing laws apply to both private and public housing providers. That includes real estate agents, landlords, and organizations that offer housing assistance or services.
Familial status is one of the protected classes under the Fair Housing Act. This means that families with children under 18 cannot be discriminated against when they try to rent or buy a home. A pregnant woman is also covered, as well as anyone in the process of getting legal custody of a child.
Unfortunately, some landlords or communities try to exclude families with children, saying they want to keep noise down or avoid damage to the property. These reasons are not valid and are considered discriminatory under the law.
Some housing options, such as those for older adults, may be exempt if they meet specific legal standards. These include certain senior living communities that are allowed to have age restrictions, but they must follow clear federal guidelines to qualify.
Fair housing protections also apply to people who receive housing assistance. This includes programs like Section 8, HUD public housing, and other forms of government help. People using vouchers or other support cannot be treated unfairly just because they get help paying for housing.
Sometimes, landlords may turn away applicants simply because they receive housing assistance. While federal law doesn’t directly protect against this, many states and cities have added rules to prevent this kind of discrimination in housing. These laws are especially important for helping low-income families and persons with disabilities access stable homes.
People seeking housing assistance have the right to be treated with dignity and respect. Landlords must apply the same standards to all applicants, regardless of how they pay their rent. Any different qualification criteria must be applied fairly to everyone.
To learn more about fair treatment in housing programs, visit HUD’s Housing Choice Voucher Program page, which explains tenant rights and housing provider duties.
Everyone has the right to fair housing. This means people cannot be treated differently, charged higher fees, or denied housing for reasons that are protected by law. These rights apply at every stage of the housing process—from searching to applying, from signing the lease to moving out.
Housing providers must not limit access based on protected characteristics, and they must also take steps to avoid policies that might unfairly affect protected groups. For example, a rule banning children from common areas would likely violate a family’s fair housing rights.
If someone believes their rights were violated, they can file a fair housing complaint through HUD or with their local housing agency. Free support is also available from nonprofit groups like Credit.org, where people can speak to housing counselors who understand the rules and can guide them through the next steps.
The Fair Housing Act is the main federal law, but others play a role too. The Americans with Disabilities Act (ADA), the Civil Rights Act, and the Rehabilitation Act all provide added protections. These laws work together to ensure that housing is fair, accessible, and equal.
Federal fair housing laws are designed to work across the country, but local laws may offer more protections. That’s why it’s important to understand both levels when seeking help. In many cases, local rules can be stronger, especially when it comes to source of income, gender identity, or sexual orientation.
If you’re unsure which laws apply in your area, a housing counselor can help. These professionals are trained to explain the laws and connect you with the right resources.
Discrimination in housing can take many forms. It can be obvious, like refusing to rent to someone of a certain race, or subtle, like setting different prices or terms based on family size. Some discrimination is based on fear, bias, or outdated beliefs. Other times, it’s hidden in policies that seem neutral but end up harming certain groups.
That’s why it’s important to watch for signs of unfair treatment and speak up. Everyone deserves the chance to live in a safe, affordable home without fear of discrimination.
Equal housing opportunity is the idea that everyone should be treated fairly when looking for a home. This applies whether you’re renting, buying, or applying for a mortgage. The Fair Housing Act makes it illegal to deny someone a home based on who they are, where they come from, or what their family looks like.
To promote equal housing opportunity, housing providers must treat all applicants the same. They cannot ask different questions, offer different terms, or deny someone housing based on protected classes. These protected classes include race, color, religion, sex, national origin, disability, and familial status.
Some signs that equal opportunity may not be followed include being told a unit is not available when it really is, being offered worse terms than other renters, or being shown homes only in certain neighborhoods. These actions could be violations of federal law.
To file a complaint or learn more about your rights, visit the U.S. Department of Justice Civil Rights Division for up-to-date information and resources.
Everyone deserves the opportunity to find a safe, affordable place to live. Unfortunately, many people face barriers in housing that keep them from reaching that goal. These barriers might include high costs, lack of accessible units, or unfair treatment due to a protected class.
Improving housing opportunity means removing those barriers. Laws like the Fair Housing Act help, but education and outreach also matter. When renters and homebuyers know their rights, they’re more likely to recognize when they’ve been treated unfairly—and take action.
Housing opportunity can also be improved by expanding affordable housing, making reasonable modifications for persons with disabilities, and offering fair terms to all tenants and borrowers. It’s also helpful when landlords and real estate agents take fair housing training to learn how to avoid discrimination.
At Credit.org, our free financial coaching and housing counseling services help people learn about their rights and get support when facing challenges in the housing market.
