Housing Discrimination FAQ
Learn
about illegal housing discrimination, including how to file a complaint
From
the Nolo.com Landlord and Tenant Center
What types
of housing discrimination are illegal?
The federal
Fair Housing Act and Fair Housing Amendments Act (42 U.S. Code §§ 3601-3619,
3631) prohibit landlords from choosing tenants on the basis of a group
characteristic such as:
- race
- religion
- ethnic
background or national origin
- sex
- age
- the
fact that the prospective tenant has children (except in certain designated
senior housing), or
- a mental
or physical disability.
In
addition, some state and local laws prohibit discrimination based on a
person's marital status or sexual orientation.
On
the other hand, landlords are allowed to select tenants using criteria
that are based on valid business reasons, such as requiring a minimum
income or positive references from previous landlords, as long as these
standards are applied equally to all tenants.
What
are examples of housing discrimination?
The Fair Housing Act and Amendments prohibit landlords from taking any
of the following actions based on race, religion or any other protected
category:
- advertising
or making any statement that indicates a preference based on group
characteristic, such as skin color
- falsely
denying that a rental unit is available
- setting
more restrictive standards, such as higher income, for certain tenants
- refusing
to rent to members of certain groups
- refusing
to accommodate the needs of disabled tenants, such as allowing a guide
dog, hearing dog or service dog
- setting
different terms for some tenants, such as adopting an inconsistent
policy of responding to late rent payments, or
- terminating
a tenancy for a discriminatory reason.
How
does a tenant file a discrimination complaint?
A
tenant who thinks that a landlord has broken a federal fair housing law
should contact a local office of the U.S. Department of Housing and Urban
Development (HUD), the agency which enforces the Fair Housing Act, or
check the HUD website at http://www.hud.gov. HUD will provide a complaint
form and will investigate and decide the merits of the claim. A tenant
must file his or her complaint within one year of the alleged discriminatory
act. HUD will typically appoint a mediator to negotiate with the landlord
and reach a settlement (called a "conciliation"). If a settlement can't
be reached, the fair housing agency will hold an administrative hearing
to determine whether discrimination has occurred.
If
the discrimination is a violation of a state fair housing law, the tenant
may file a complaint with the state agency in charge of enforcing the
law. In California, for example, the Department of Fair Employment and
Housing enforces the state's two fair housing laws.
Also,
instead of filing a complaint with HUD or a state agency, tenants may
file lawsuits directly in federal or state court. If a state or federal
court or housing agency finds that discrimination has taken place, a tenant
may be awarded damages, including any higher rent he or she had to pay
as a result of being turned down, and compensation for humiliation or
emotional distress.
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provides information and general advice about the law. But laws and procedures
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