Real Estate Law · Haute Lawyer Network
What Is Housing Discrimination by Landlords?
Last reviewed: June 2026
The Fair Housing Act (FHA) prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, religion, sex, familial status (families with children), and disability. Many states and localities extend protections to additional characteristics including sexual orientation, gender identity, source of income, marital status, and age.
Prohibited conduct includes refusing to rent or sell to a person because of a protected characteristic, setting different terms and conditions for similarly situated applicants, providing false information about availability, steering prospective tenants toward or away from certain neighborhoods, retaliating against tenants who assert fair housing rights, and refusing to make reasonable accommodations for tenants with disabilities.
Frequently Asked Questions
What is a reasonable accommodation under the FHA?
A change in rules, policies, practices, or services that may be necessary for a person with a disability to use and enjoy a dwelling — such as allowing a service animal in a no-pets building, or providing a reserved parking space for a mobility-impaired tenant.
What is disparate impact discrimination?
A housing policy that is facially neutral but has a disproportionate discriminatory effect on a protected class without a legitimate justification. For example, a minimum income requirement that disproportionately screens out minority applicants.
How do I file a fair housing complaint?
With HUD — the U.S. Department of Housing and Urban Development — within one year of the discriminatory act, or in federal court within two years. State and local fair housing agencies may also accept complaints with shorter filing windows.
What damages are available for fair housing violations?
Actual damages, injunctive relief, civil penalties (in government enforcement), and attorney fees. Private plaintiffs can also recover punitive damages for intentional discrimination.
Can a landlord refuse to rent to someone with children?
No. The FHA prohibits discrimination based on familial status — which includes families with children under 18. Limited exceptions exist for housing designed for elderly residents meeting specific criteria.
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