Fighting Rental Housing Discrimination FAQ

Find out more about unlawful housing discrimination and how to make a complaint.

What types of subtle behaviors by the landlord might constitute unlawful discrimination?

The Fair Housing Acts prevent landlords from discriminating against tenants based on their race, religion, or any other protected characteristic:

Falsely denying that a rental unit is available to some applicants advertising that indicates a preference based on group characteristic, such as skin color establishing more restrictive standards, such as higher income, for certain tenants refusing to reasonably accommodate the needs of disabled tenants, such as allowing a guide dog, hearing dog, or other service animal establishing different terms for some tenants, such as adopting an inconsistent policy of responding

Landlords may always choose renters based on genuine business reasons, such as demanding a minimum income or good references from prior landlords, as long as these factors are applied equally to all tenants.

How can a tenant submit a complaint about discrimination?

A renter who believes a landlord has violated a federal fair housing statute can call a local office of the U.S. Department of Housing and Urban Development (HUD), the agency responsible for enforcing the Fair Housing Act, or visit the HUD website at www.hud.gov. There is thorough information on how to file a fair housing complaint.

HUD will give a complaint form (which renters may fill out online) and will investigate to see if there is probable grounds to suspect that the fair housing statute has been violated. If the response is affirmative, HUD will usually assign a mediator to arrange a settlement with the landlord (called a “conciliation”). If a settlement is breached, HUD will advise the Attorney General to pursue a lawsuit.

If the renter believes the discrimination violates a state fair housing legislation, he or she may submit a complaint with the state agency in charge of enforcing the law. The Department of Fair Employment and Housing, for example, enforces the state’s two fair housing statutes.

In addition, rather of filing a complaint with HUD or a state agency, renters may file a lawsuit in federal or state court. If a state or federal court or housing agency determines that discrimination occurred, a tenant may be awarded damages, which may include any increased rent paid as a result of being turned down, an order directing the landlord to offer the rental to the tenant, and compensation for humiliation or emotional distress.

What sorts of housing discrimination do renters face?

Tenants may be protected against housing discrimination under federal, state, and municipal fair housing legislation.

Federal housing discrimination legislation

The federal Fair Housing Act and Fair Housing Amendments Act (42 U.S. Code 3601-3619, 3631) prevent landlords from discriminating against renters based on a group characteristic such as:

Race, religion, ethnic background, or national origin, sex, family status, including having children or being pregnant (unless in particular designated senior housing), or a mental or physical handicap are all prohibited.

Housing discrimination legislation at the state and local levels

Furthermore, certain state and municipal laws ban discrimination that is not protected by federal law, such as discrimination based on a person’s marital status, age, or sexual orientation. Contact your state fair housing office for additional information.