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What are Fair Housing Laws?

Fair housing laws make it illegal for housing providers to discriminate in most housing-related transactions, which include rental, sale, insurance, and finance practices. 
“Housing providers” is a broad term that includes any person who provides a housing-related service or is otherwise engaged in a real estate transaction. Individual owners, corporations, condominium associations, property managers, realtors, loan officers, mortgage brokers, insurance agents, contractors, developers, builders, banks, homeless shelters, homeowners associations, resident managers, real estate brokers, public housing authorities, and landlords can be housing providers for the purposes of fair housing laws. 

What Is Prohibited?

RENTAL AND SALE OF HOUSING. It is a discriminatory practice for a housing provider to do any of the following on the basis of race, color, national origin/ancestry*, religion, gender, disability, familial status, marital status*, age*, sexual orientation*, and HIV infection*.
  • Refuse to rent or sell housing;
  • Refuse to negotiate for housing;
  • Refuse to engage in a real estate transaction with a person;  
  • Refuse to receive or to fail to convey a bona fide offer to engage in a real estate transaction;
  • Make, print, or publish a discriminatory statement;
  • Set different terms, conditions or privileges for sale or rental of a dwelling;
  • Provide different housing services or facilities;
  • Falsely deny that housing is available for inspection, sale, or rental;  
  • For profit, persuade owners to sell or rent (blockbusting);
  • Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing;
  • Otherwise make housing unavailable.
MORTGAGE LENDING & FINANCING.  It is a discriminatory practice, to do any of the following on the basis of race, color, national origin/ancestry*, religion, gender, disability, familial status, marital status*, age*, sexual orientation*, and HIV infection*.
  • Refuse to make a mortgage loan or provide financial assistance in connection with a real estate transaction;  
  • Refuse to provide information regarding loans;  
  • Impose different terms or conditions on a loan, such as different interest rates, points, or fees
  • Discriminate in appraising property;  
  • Refuse to purchase a loan; or
  • Set different terms or conditions for purchasing a loan.

Housing Discrimination Based on Race, Color and National Origin:

 A landlord, rental agent, realtor or apartment manager is prohibited from denying applicants for an available rental if the applicants are otherwise qualified, based on the race, color or national (ancestral) origin of the applicants. Furthermore, any housing provider such as the aforementioned may not treat tenants already living in rental units unfairly or differently from other tenants due to their race, color or national origin.
 
Housing Discrimination Based on Familial Status:
 
A landlord, rental agent, realtor or apartment manager is prohibited from discriminating against a single person or a couple if they have children under the age of 18 years old if they are legally responsible for the minor(s). Although housing providers cannot deny applicants based on the fact they have minor children or establish discriminatory requirements as a condition of tenancy, municipal or state occupancy limits may create a situation where a housing provider cannot legally rent to a family with children if the number of family members exceed the occupancy limits for a given rental unit.
 
The familial status protection also extends to pregnant women or couples who are expecting a child. Furthermore, a housing provider may not discriminate against a tenant who becomes pregnant during her tenancy.
 
Do Fair Housing Laws Have Protection Against Retaliation or Intimidation?
It is illegal for anyone to threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right.
 
Do Fair Housing Laws Cover Discriminatory Advertisements?
 
Fair housing laws also cover discriminatory statements, whether they are written or oral. It is illegal for anyone to make, print, or publish a discriminatory statement in connection with housing. A discriminatory statement is one that suggests a preference (or dis-preference) based on race, color, national origin/ancestry*, religion, gender, disability, familial status, marital status*, age*, sexual orientation*, and HIV infection*.