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Fair Housing Guide

Your rights under the Fair Housing Act and how to recognize and report discrimination

The Fair Housing Act protects people from discrimination when they are renting, buying, or securing financing for housing. Understanding your rights is essential to ensuring equal access to housing opportunities.

The Fair Housing Act

The Fair Housing Act, enacted in 1968 and amended in 1988, prohibits discrimination in housing based on specific protected characteristics. The Act applies to most housing, including:

  • Rental housing (apartments, houses, condos)
  • Home sales
  • Mortgage lending
  • Housing advertising
  • Homeowner's insurance

Protected Classes

Under federal law, it is illegal to discriminate based on the following protected characteristics:

Race or Color
Discrimination based on race or skin color is prohibited in all housing transactions.
National Origin
Discrimination based on country of birth, ancestry, or ethnicity is illegal.
Religion
Housing providers cannot discriminate based on religious beliefs or practices.
Sex (Including Sexual Orientation & Gender Identity)
Discrimination based on sex, sexual orientation, or gender identity is prohibited.
Disability
People with disabilities are entitled to reasonable accommodations and cannot be denied housing based on their disability.
Familial Status
Families with children under 18, pregnant women, and those securing custody of children are protected.

What Constitutes Housing Discrimination?

Discrimination can take many forms. It is illegal for housing providers (landlords, property managers, real estate agents, lenders) to:

In Rental Housing:

  • Refuse to rent or negotiate for rental housing
  • Make housing unavailable or deny that housing is available
  • Set different terms, conditions, or privileges for rental
  • Provide different housing services or facilities
  • Falsely deny that housing is available for inspection or rental
  • Use discriminatory advertisements or make discriminatory statements (e.g., "No children," "Christians only")
  • Refuse to make reasonable accommodations for people with disabilities
  • Refuse reasonable modifications to units for people with disabilities
  • Harass or intimidate based on protected characteristics
  • Retaliate against someone who files a fair housing complaint

Examples of Discrimination:

❌ ILLEGAL

"We don't rent to families with children."

❌ ILLEGAL

Telling a person of one race that an apartment is unavailable, while telling a person of another race that it is available.

❌ ILLEGAL

Refusing to rent to someone because they use a Section 8 voucher (in jurisdictions with source of income protection).

❌ ILLEGAL

Refusing to allow a tenant with a disability to install grab bars in their bathroom (reasonable modification).

❌ ILLEGAL

Setting higher rent or security deposit for families with children.

❌ ILLEGAL

Advertising rental housing with discriminatory language (e.g., "Perfect for traditional families," "No Muslims").

Reasonable Accommodations for People with Disabilities

Under the Fair Housing Act, housing providers must make reasonable accommodations and allow reasonable modifications for people with disabilities.

Reasonable Accommodations

Accommodations are changes to rules, policies, practices, or services to provide equal housing opportunity.

  • Example 1: Waiving a "no pets" policy for a service or emotional support animal
  • Example 2: Assigning a ground-floor unit to someone with mobility issues
  • Example 3: Allowing a tenant to pay rent in person instead of online due to a cognitive disability

Reasonable Modifications

Modifications are physical changes to the unit or common areas to provide equal access.

  • Example 1: Installing grab bars in a bathroom
  • Example 2: Widening doorways for wheelchair access
  • Example 3: Adding a ramp to the entrance

Note: Tenants may be required to pay for modifications and restore the unit to its original condition when they move out (unless the modification is beneficial to all tenants).

Your Rights as a Renter

Equal Treatment

You have the right to be treated the same as all other applicants, regardless of your protected characteristics.

Freedom from Harassment

You have the right to be free from harassment, intimidation, or coercion based on protected characteristics.

Reasonable Accommodations

If you have a disability, you have the right to request reasonable accommodations and modifications.

File Complaints

You have the right to file a fair housing complaint without fear of retaliation.

How to File a Fair Housing Complaint

If you believe you've experienced housing discrimination, you have the right to file a complaint. You have one year from the date of the alleged discrimination to file with HUD.

Step 1: Document Everything

  • Write down dates, times, and details of incidents
  • Save emails, text messages, and advertisements
  • Collect names and contact information of witnesses
  • Take photos if relevant

Step 2: File a Complaint

You can file a complaint with multiple agencies:

HUD Fair Housing
TTY: 1-800-927-9275
File Online
Department of Justice
TTY: 1-800-514-0383
Visit Website
Texas Workforce Commission
Local Fair Housing Organizations

Many cities have local fair housing centers that provide free assistance with complaints and investigations.

What Happens After Filing

  1. Investigation: HUD or the agency will investigate your complaint
  2. Conciliation: The agency may attempt to resolve the issue through negotiation
  3. Hearing or Lawsuit: If conciliation fails, your case may go to an administrative hearing or federal court
  4. Remedies: If discrimination is found, remedies can include monetary damages, policy changes, and civil penalties

Fair Housing Resources

HUD Fair Housing and Equal Opportunity

Official HUD resources and complaint filing

National Fair Housing Alliance

Advocacy organization and local fair housing center directory

Department of Justice - Fair Housing Act

Legal information and complaint resources

Fair Housing Hotline

1-800-669-9777 (Available in multiple languages)

Report Discrimination on HousingBase

If you experience discrimination while using HousingBase—from property managers, other users, or in property listings—please report it immediately. We take all reports seriously and will investigate promptly.