What is the Fair Housing Act?

The Fair Housing Act is federal legislation that's meant to protect renters from discrimination based on a number of protected categories. The law states that property owners cannot unfairly base their decision to deny housing to anyone. The act is a single component of the well-known Civil Rights Act of 1968.

Who is protected by the Fair Housing Act?

There are some specific protected categories outlined in the Fair Housing Act. When the act was first written, it prohibited discrimination based on race, color, religion and national origin. Today, the Fair Housing Act protects seven protected classes: race or color, religion, national origin, familial status, age, disability or handicap and sex.

No property owners in the U.S. are exempt from following the guidelines of the Fair Housing Act when legally renting their property.

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What the Fair Housing Act does and does not cover

Because housing can be so complicated, it's important to look at what the Fair Housing Act does and does not cover.

The Fair Housing Act does not

• Oversee housing by religious groups or private clubs
• Oversee some single-occupancy homes that are rented directly from the owner of the home without using an agent or property manager
• Oversee some owner-occupied buildings with no more than four units

The Fair Housing Act does

• Ensure all amenities and services at a property are accessible to everyone equally
• Ensure that property owners do not discourage or deny housing to renters in a protected class on the basis of being a member of a protected class
• Ensure that terms and conditions of renting a property are not different for individuals because they are part of a protected class

Is everyone subject to following the Fair Housing Act?

There are very few exceptions for property owners and the Fair Housing Act. Apart from the limited conditions already mentioned, all property owners must adhere to the guidelines of the Fair Housing Act.

As a renter, this means that you have rights. If you experience housing discrimination, the law says that you have a right to report it. The U.S. Department of Housing and Urban Development (HUD) is the appropriate governmental body to report these violations to

Additional resources

• May a Landlord Choose Not to Renew a Lease?
• Feeling Harassed? Steps Toward a More Positive Tenant-Landlord Relationship
• 5 Things Landlords Look For When Picking Tenants
• The Rental Application Process: What to Expect When Applying for an Apartment
• How Do You Qualify for Section 8 Apartments?

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