Fair Housing Act — Protections Every U.S. Homebuyer and Tenant Should Know

Answer

The Fair Housing Act is a federal law that makes it illegal to discriminate in housing because of certain protected characteristics. Enacted as part of the Civil Rights Act amendments in 1968 and expanded later, it applies to most rental and sale transactions, to mortgage lending practices, and to housing-related advertising and services.

Under the Act, landlords, sellers, brokers and lenders may not refuse to rent or sell, impose different terms or conditions, steer buyers or renters toward or away from a neighborhood, or make discriminatory statements in ads based on a person’s race, color, religion, sex, national origin, familial status, or disability. Many states and localities add additional protected categories such as sexual orientation, gender identity, source of income, or age.

Key points to understand:

• Who enforces it: The U.S. Department of Housing and Urban Development (HUD) investigates complaints and can refer cases to the Department of Justice; victims may also file private lawsuits in federal court.
• Where it applies: Most private housing, public housing, and housing receiving federal funds are covered; there are limited exemptions for owner-occupied buildings with a small number of units and some single-family sales by owners who do not use a broker.
• Disability protections: Housing providers must make reasonable accommodations and allow reasonable modifications for tenants with disabilities, and may need to permit service animals even where a “no pets” rule exists.
• Advertising rules: Ads cannot indicate a preference or limitation based on protected characteristics (for example, “families only” or “no minorities”).

If you believe you’ve faced discrimination, document dates, communications and witnesses, and consider filing a complaint with HUD or speaking with a local civil rights or tenant advocacy organization. It’s advisable to consult a licensed attorney or an experienced real estate professional before pursuing legal action to understand deadlines, remedies and procedural steps.

Remember: the Fair Housing Act sets a national floor of protections; state and local laws often broaden those protections or change procedures, so check local rules where the property is located.