Fair Housing Act

A Message From The Secretary Of HUD

Every American has the right to fair housing—the right to choose where to live, raise a family, and own a home in dignity, free from discrimination. This right cannot be denied based on race, color, national origin, religion, sex, familial status, or disability.

The Department of Housing and Urban Development (HUD) enforces the Fair Housing Act, which protects you from violations of your housing rights. We are committed to ensuring you understand your protections and the steps to take if you believe you’ve experienced discrimination.

We pledge to act promptly and effectively on all complaints of discrimination, ensuring every American receives the full protection of the law.

- Henry Cisneros

The Fair Housing Act

The Fair Housing Act Protects Against Housing Discrimination Based On:

  • Race or color
  • National origin
  • Religion
  • Sex
  • Familial status (including children under 18 living with parents or legal guardians, pregnant women, and individuals securing custody of children under 18)
  • Disability

What Housing Is Covered?

The Fair Housing Act applies to the majority of housing types. However, there are specific exceptions, such as owner-occupied properties with four or fewer units, single-family homes sold or rented without involving a broker, and housing managed by private clubs or organizations that restrict occupancy to their members.

What Is Prohibited?

It is illegal to take any of the following actions based on race, color, national origin, religion, sex, familial status, or disability:

  • Refuse to rent or sell housing.
  • Refuse to negotiate for housing.
  • Make housing unavailable or deny a dwelling.
  • Set different terms, conditions, or privileges for the sale or rental.
  • Offer different housing services or facilities.
  • Falsely claim that housing is unavailable.
  • Persuade owners to sell or rent for profit (blockbusting).
  • Deny access to or membership in housing-related services, such as a multiple listing service.

In Mortgage Lending No one may, for the same discriminatory reasons:

  • Refuse to make a mortgage loan or provide loan information.
  • Impose different loan terms or conditions.
  • Discriminate in property appraisals.
  • Refuse to purchase a loan or apply different terms for loan purchases.

Additional Prohibitions It is unlawful to:

  • Threaten, coerce, intimidate, or interfere with anyone exercising their fair housing rights.
  • Advertise or make statements that express a limitation or preference based on any protected characteristic. This applies even to single-family or owner-occupied housing that might otherwise be exempt from the Fair Housing Act.

Additional Protection If You Have a Disability

If you, or someone connected to you:

  • Have a physical or mental disability (such as hearing, mobility, or vision impairments; chronic alcoholism; chronic mental illness; AIDS or AIDS-Related Complex; or intellectual disabilities) that significantly limits one or more major life activities
  • Have a history of such a disability, or
  • Are perceived as having such a disability

Your landlord cannot:

  • Refuse reasonable modifications to your home or common areas—at your expense—if they are necessary for you to fully use the housing. In some cases, the landlord may require you to restore the property to its original condition when you move out.
  • Deny reasonable accommodations to rules, policies, practices, or services if these changes are needed for you to access and enjoy your housing.

Examples:

  • A building with a “no pets” rule must allow a visually impaired tenant to have a guide dog.
  • An apartment complex with unassigned parking must provide a mobility-impaired tenant with a reserved parking spot close to their unit if required for accessibility.

Housing providers are not required to rent to individuals who pose a direct threat to the health or safety of others or who are currently using illegal drugs.

Requirements for New Buildings

For buildings first occupied after March 13, 1991, with four or more units and an elevator:

  • Public and common areas must be accessible to people with disabilities.
  • Doors and hallways must be wide enough to accommodate wheelchairs.
  • Each unit must include:
    • An accessible route into and through the unit.
    • Accessible light switches, outlets, thermostats, and other controls.
    • Reinforced bathroom walls to support future installation of grab bars.
    • Kitchens and bathrooms designed for wheelchair use.

For buildings with four or more units but no elevator (ready for first occupancy after March 13, 1991), these requirements apply to all ground-floor units.

These federal accessibility standards do not override any stricter state or local laws.

Housing Opportunities For Families

Unless a property qualifies as housing for older persons, it is illegal to discriminate based on familial status. This means housing providers cannot refuse or treat differently families where one or more children under 18 live with:

  • A parent
  • A legal guardian, or
  • A person designated by the parent or guardian (with written permission).

This protection also covers pregnant women and individuals in the process of obtaining legal custody of a child under 18

Exemptions for Housing for Older Persons

A community may be exempt from familial status protections if:

  • The HUD Secretary determines it is specifically designed for and occupied by elderly persons under a federal, state, or local government program, or
  • It is occupied solely by individuals aged 62 or older, or
  • It meets all of the following:
    • At least one resident aged 55 or older in 80% or more of the occupied units,
    • Significant services and facilities for older persons (unless impractical),
    • A publicly stated policy showing intent to house persons 55 or older.

Additionally, residents who lived in the community on or before September 13, 1988, may remain regardless of age without affecting the exemption status.

If You Think Your Rights Have Been Violated

HUD is here to assist with any issues related to housing discrimination. If you believe your rights have been violated, you can:

  • Complete a Housing Discrimination Complaint Form (download available soon),
  • Send a written letter to HUD, or
  • Call the HUD Hotline.

You have up to one year from the date of the alleged violation to file your complaint—but it’s best to take action as quickly as possible.

What to Tell HUD:

  • Your name and address
  • The name and address of the person your complaint is against (the respondent)
  • The address or other identification of the housing involved
  • A short description of the alleged violation (the event that caused you to believe your rights were violated)
  • The date(s) of the alleged violation

Where to Write:

Send the Housing Discrimination Complaint Form or a letter to the HUD office nearest you or to:

Office of Fair Housing and Equal Opportunity,
U. S. Department of Housing and Urban Development
Room 5204
Washington, D.C. 20410-2000

Where to Call:

If you wish, you may use the toll-free Hotline number: 1-800-669-9777. (In Washington, D.C. call 708-0836.)

If You Are Disabled:

HUD also provides:

  • A toll-free TDD phone for the hearing impaired: 1-800-927-9275. (In Washington, D.C., call 708-0836.)
  • Interpreters
  • Tapes and Braille materials
  • Assistance in reading and completing forms

What Happens When You File A Complaint?

Once HUD receives your complaint, you will be notified. In most cases, HUD will then:

  • Inform the alleged violator about the complaint and allow them to respond.
  • Conduct an investigation to determine if there is reasonable cause to believe the Fair Housing Act has been violated.
  • Let you know if the investigation cannot be completed within 100 days of receiving your complaint.

Requirements for New Buildings

For buildings first occupied after March 13, 1991, with four or more units and an elevator:

  • Public and common areas must be accessible to individuals with disabilities.
  • Doors and hallways must be wide enough for wheelchair access.
  • Each unit must include:
    • An accessible path into and through the unit.
    • Conveniently located and accessible light switches, outlets, thermostats, and other controls.
    • Bathroom walls reinforced to allow future installation of grab bars.
    • Kitchens and bathrooms designed for wheelchair use.

For buildings with four or more units but no elevator (first occupied after March 13, 1991), these accessibility requirements apply to all ground-floor units.

These federal standards do not override stricter accessibility rules set by state or local laws.

Conciliation

HUD will work to reach a resolution with the person named in your complaint (the respondent). Any conciliation agreement must safeguard both your rights and the public interest. Once an agreement is signed, HUD will close the case. However, if HUD has reason to believe the agreement has been violated, it may recommend that the Attorney General take legal action.

Complaint Referrals

If HUD determines that your state or local agency has fair housing authority equivalent to HUD’s, your complaint will be referred to that agency for investigation, and you will be notified of the referral. The agency must begin investigating within 30 days, or HUD may reclaim the case.

What If You Need Help Quickly?

If you face an urgent issue caused by a Fair Housing Act violation, HUD may be able to help immediately after you file a complaint. In such cases, HUD can authorize the Attorney General to go to court to seek temporary or preliminary relief while your complaint is being reviewed, if:

  • Irreparable harm is likely without HUD’s intervention, and
  • There is substantial evidence that the Fair Housing Act has been violated.

Example: A builder agrees to sell a house, but after discovering the buyer is Black, refuses to honor the agreement. The buyer files a complaint with HUD. HUD may authorize the Attorney General to take legal action to prevent the home from being sold to another buyer until the complaint is investigated.

What Happens After A Complaint Investigation?

If HUD’s investigation finds reasonable cause to believe discrimination has occurred, you will be notified. Your case will then be scheduled for an administrative hearing within 120 days, unless you or the respondent choose to have it heard in Federal district court. In either process, there is no cost to you.

The Administrative Hearing:

If your case is heard in an administrative hearing, HUD attorneys will represent you. You also have the option to participate directly and be represented by your own attorney. An Administrative Law Judge (ALJ) will review evidence from both you and the respondent.

If the ALJ determines that discrimination occurred, the respondent may be ordered to:

  • Compensate you for actual damages, including humiliation, pain, and suffering.
  • Provide injunctive or other equitable relief, such as making the housing available to you.
  • Pay the federal government a civil penalty to protect the public interest — up to $10,000 for a first violation and up to $50,000 for a third violation within seven years.
  • Cover reasonable attorney’s fees and costs.

Federal District Court

If you or the respondent opt to have the case heard in Federal District Court, the Attorney General will file the lawsuit and represent you. Similar to an ALJ, the court can order relief and award actual damages, attorney’s fees, and costs. In addition, the court has the authority to award punitive damages.

In Addition

You May File Suit: You may file suit, at your expense, in Federal District Court or State Court within two years of an alleged violation. If you cannot afford an attorney, the Court may appoint one for you. You may bring suit even after filing a complaint, if you have not signed a conciliation agreement and an Administrative Law Judge has not started a hearing. A court may award actual and punitive damages and attorney s fees and costs.

A court may award actual damages, punitive damages, and coverage for attorney’s fees and costs.

Other Tools to Combat Housing Discrimination:

If an Administrative Law Judge’s order is not followed, HUD may request temporary relief, enforcement of the order, or a restraining order from the United States Court of Appeals.

Additionally, the Attorney General may file a lawsuit in Federal District Court if there is reasonable cause to believe that a pattern or practice of housing discrimination exists.

For Further Information:

The Fair Housing Act and HUD s regulations contain more detail and technical information. If you need a copy of the law or regulations, contact the HUD office nearest you or:

Office of Fair Housing and Equal Opportunity Room 5116
Department of Housing and Urban Development
451 Seventh Street, S. W.
Washington, D.C. 20410-2000
(202) 708-2878