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)
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
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 the U.S. Department of Housing
and Urban Development (HUD), the agency which enforces the
Fair Housing Act. To find the nearest office, call HUD's Fair
Housing Information Clearinghouse at (800) 343-3442, or check
the HUD website. 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 damages for humiliation or emotional distress.
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