The Fair Housing Act prohibits discrimination in housing because of:

• Race

• Color

• National Origin

• Religion

• Sex (including gender identity and sexual orientation)

• Familial Status

• Disability

The Fair Housing Act covers most housing. However, in very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family homes rented or sold by the owner without the use of an agent, and housing operated by religious organizations or private clubs that limit occupancy to members.

Fair Housing Rights

The Fair Housing Act makes it illegal to discriminate in housing based on race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin.

Sale and Rental of Housing

Under the Fair Housing Act, it is illegal to:

• Refuse to rent or sell housing

• Refuse to negotiate for housing

• Make housing unavailable

• Set different terms, conditions, or privileges for housing

• Provide different housing services or facilities

• Falsely deny housing availability

• Use discriminatory advertising or statements

• Charge different prices or apply different fees or requirements

• Use different application, qualification, or approval standards

• Evict tenants or their guests based on protected characteristics

• Harass or intimidate individuals

• Fail to provide or delay maintenance or repairs

• Limit access to housing services or amenities

• Steer individuals to certain neighborhoods or buildings

• Engage in “blockbusting” practices

• Discriminate in homeowners insurance

• Deny access to real estate listings or organizations

Mortgage Lending

It is also illegal to discriminate in housing-related lending by:

• Denying mortgage loans or financial assistance

• Refusing to provide loan information

• Offering different loan terms, rates, or fees

• Discriminating in property appraisals

• Conditioning loans based on harassment responses

• Refusing to purchase loans

Harassment

The Fair Housing Act prohibits harassment based on any protected characteristic, including sexual harassment. Individuals are protected when seeking housing or exercising their fair housing rights.

Retaliation and Interference

It is illegal to:

• Threaten, coerce, intimidate, or interfere with fair housing rights

• Retaliate against anyone who files a complaint or participates in an investigation

Rights for Persons With Disabilities

Housing providers must provide reasonable accommodations and allow reasonable modifications when necessary to ensure equal access to housing. Certain multifamily housing must also meet accessibility standards.

California Fair Housing & Civil Rights Protections

California’s Fair Employment and Housing Act (FEHA) applies to most housing providers and housing-related services, including landlords, tenant screening companies, real estate agents, home sellers, builders, mortgage lenders, and housing authorities.

FEHA prohibits discrimination and harassment against tenants, homeowners, housing applicants, buyers, residents, and their guests.

The Unruh Civil Rights Act also protects individuals from discrimination by businesses, including many housing providers, based on protected characteristics.

Examples of Prohibited Discriminatory Actions

Housing discrimination may include, but is not limited to:

• Refusing to sell, rent, or lease housing (apartments, homes, condos, mobile homes, or rooms)

• Refusing to negotiate housing transactions

• Falsely stating that housing is unavailable when it is actually available

• Denying home loans or homeowners insurance

• Cancelling or terminating housing agreements based on protected characteristics

• Refusing reasonable disability-related modifications (e.g., ramps, grab bars, widened doorways) when required and at the tenant’s expense

• Refusing reasonable accommodations in housing rules, policies, or services for persons with disabilities

• Imposing rules that unfairly restrict families with children (e.g., banning children from pools or common areas)

• Refusing to rent to individuals using Section 8 or other rental assistance programs

• Failing to comply with housing subsidy requirements (e.g., refusing paperwork, signatures, or inspections)

• Discriminating in tenant screening, including through third-party screening companies

• Refusing to rent based on criminal history when used in a discriminatory manner

• Retaliating against individuals for filing complaints, requesting accommodations, or asserting their rights

Additional Protections Under California Law

California law protects individuals from discrimination and harassment based on protected characteristics, whether actual or perceived.

Protections also apply when discrimination is based on:

• Multiple intersecting characteristics (e.g., race and disability together)

• A person’s association with someone who has a protected characteristic (such as a family member, roommate, or friend)

Housing Discrimination Isn’t Always Obvious

Housing discrimination can take many forms. The examples below illustrate how discrimination may occur in ways that are not immediately apparent.

Example #1: Race-Based Discrimination

John, a Black man, speaks with a prospective landlord by phone about renting an apartment. The landlord seems eager to rent to him. However, when John meets the landlord in person to complete the application, the landlord’s attitude changes.

A few days later, John receives a denial letter stating his application was rejected due to a negative reference from his current landlord. John is surprised because he has never had issues with his landlord, who confirms she was never contacted for a reference.

Suspecting discrimination, John files a complaint with HUD. An investigation later confirms a pattern of discrimination based on race and color.

Example #2: Religious Discrimination

Jane is a Muslim woman who wears a hijab. She visits a leasing office after seeing a sign advertising available units. When she arrives, the leasing agent immediately tells her there are no vacancies. Jane asks to be placed on a waiting list but never receives a follow-up call.

Believing she was treated unfairly because of her religion, Jane files a complaint with HUD. An investigation reveals supporting evidence from other employees confirming discriminatory practices based on religion.

Anyone who feels he, she, or they have been discriminated against may file a complaint of housing discrimination:

1-800-669-9777 (Toll Free)

1-800-9275 (TTY)

Brochure in English and Spanish

Summit a Claim www.hud.gov/fairhousing

U.S. Department of Housing and Urban Development

Assistant Secretary for Fair Housing and Equal Opportunity

Washington, D.C. 20410