What is fair housing?

Fair housing refers to laws that give people the right to choose housing without being discriminated against, based on certain characteristics such as race or religion.  

Is fair housing covered by state or federal law?

Both. 

The federal Fair Housing Act covers the entire U.S., while state and local anti-discrimination laws apply only to people who live in the states or cities that have enacted additional fair housing laws. The laws also apply to properties within those places. 

The state and local laws can add protections that are not included in the federal law, but they cannot take away or restrict existing federal protections. 

What does the Fair Housing Act do?

The federal fair housing law protects people from discrimination in every form of housing, including single-family homes, nursing homes and homeless shelters. 

Who is protected under the Fair Housing Act?

The federal act outlaws discrimination based on a person’s race, color, national origin, religion, sex, familial status and disability.

Those categories are called “protected classes.”

What kinds of additional classes  are covered by state and local laws?

Some state and local fair housing laws add additional protections that may include:

• Citizenship status
• Age
• Veteran or military status
• Genetic information
• Sexual orientation
• Gender identity or expression
• Criminal history
• Source of income (including rental assistance, such as Section 8 housing choice vouchers)

Who enforces fair housing laws?

The U.S. Department of Housing and Urban Development (HUD) is responsible for enforcing the Fair Housing Act.

State attorneys general offices are often responsible for enforcing state and local fair housing laws, but many cities have their own fair housing enforcement agencies as well. 

The Fair Housing Act also allows for “private right of action,” which means that anyone who has been discriminated against can bring their own civil suit or have one filed on their behalf by a fair housing advocate, such as the National Fair Housing Alliance.

Does the fair housing law protect emotional support animals?

Yes. An emotional support animal is considered an assistance animal, not a pet. That means housing providers cannot require people with assistance animals to pay a pet deposit for a service animal or place restrictions on the breed or unreasonable restrictions on the species of animal. They also cannot require access to medical records to prove the need for the assistance animal.

Do fair housing laws apply to advertisements?

Yes. Advertising that complies with fair housing laws focuses on the property and amenities, not on the type of tenant. Except for narrow exceptions, such as single-gender university dorms, ads that indicate a preference for a certain type of tenant can violate fair housing laws. 

Do fair housing laws require landlords to accept tenants who use a Housing Choice (Section 8) voucher to help cover their rent?

Some states and localities have passed laws that make it illegal to discriminate against people based on their source of their income, including housing vouchers.

Where can I learn about specific fair housing requirements for my state or city?

• For information on local governmental fair housing agencies: https://www.hud.gov/program_offices/fair_housing_equal_opp/partners/FHAP/agencies
• For information from National Fair Housing Alliance member organizations: https://nationalfairhousing.org/get-local-help/