What Is the Fair Housing Act? A Renter's Guide
The short answer
The Fair Housing Act protects renters from discrimination. Here is what it covers, what is prohibited, and what to do if you believe your rights have been violated.
What Is the Fair Housing Act?
The Fair Housing Act (FHA) is a federal law that prohibits housing discrimination based on specific protected characteristics. It applies to landlords, property managers, real estate agents, mortgage lenders, and anyone involved in the sale or rental of housing.
Protected Classes Under Federal Law
The Fair Housing Act prohibits discrimination based on:
- Race
- Color
- National origin
- Religion
- Sex (including gender identity and sexual orientation, per recent interpretation)
- Familial status (having children under 18; being pregnant)
- Disability
These are the seven federally protected classes. Many states and cities have additional protected classes.
Additional State and Local Protections (Common Examples)
| Protection | States/Cities That Commonly Include It |
|---|---|
| Source of income (Section 8 vouchers) | California, New York, Connecticut, DC, and many others |
| Marital status | Many states |
| Age | Some states |
| Sexual orientation | Most states now cover this |
| Veteran status | Some states |
| Immigration status | Some cities |
| Criminal history | Some cities (Ban the Box policies) |
Always check your state and city laws — local protections often extend beyond federal minimums.
What Is Prohibited?
Under the Fair Housing Act, landlords and housing providers cannot:
- Refuse to rent based on a protected characteristic
- State discriminatory preferences in listings ("No children," "Christians preferred")
- Provide different terms to applicants of different protected classes
- Claim a unit is unavailable when it is available (steering)
- Harass tenants based on protected characteristics
- Retaliate against tenants for reporting discrimination
Disability Accommodations (Important)
The FHA includes specific rules for tenants with disabilities:
Reasonable accommodations: Landlords must make exceptions to rules for people with disabilities. Example: allowing a service animal in a no-pets building, providing a ground-floor unit for a mobility-impaired tenant.
Reasonable modifications: Tenants with disabilities have the right to make physical modifications to their unit (at their own expense in most cases) for accessibility. The landlord can require restoration at move-out.
What Does Not Constitute Discrimination?
Landlords can legally:
- Set income and credit requirements (as long as they are applied consistently to all applicants)
- Decline applicants with evictions or poor rental history
- Refuse pets (unless the animal is a service animal or ESA)
- Require references and employment verification
The key test: Is the policy applied uniformly, or only against people in a protected class?
If You Believe You Were Discriminated Against
- Document everything: Save emails, texts, listing screenshots, notes from conversations with dates and quotes
- File a complaint with HUD: Online at hud.gov/fairhousing or call 1-800-669-9777. Free. Must file within 1 year of the discriminatory act.
- File with your state or local fair housing agency: Often faster; some have broader authority
- Contact a private fair housing attorney: Many work on contingency for discrimination cases
- Contact your local fair housing organization: They provide free counseling and assistance
National Fair Housing Alliance: nationalfairhousing.org HUD Complaint: hud.gov/fairhousing
Every Settl application uses the same standard screening criteria for all applicants — consistent, transparent, and designed to be fair. Learn more at settlhome.com/apply.
Settl Team
Settl Editorial
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