Fair Housing Act Guide for Landlords
Understand your legal obligations under the Fair Housing Act. Learn about protected classes, screening best practices, and how to maintain compliance while selecting quality tenants.
"Fair housing isn't just about avoiding lawsuits - it's about creating communities where everyone has equal access to housing. The best landlords I work with view fair housing compliance as a competitive advantage, not a burden."
National Fair Housing Alliance
2025 Fair Housing Trends Report
What is the Fair Housing Act?
The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) is a federal law that prohibits discrimination in housing-related activities based on certain protected characteristics. It applies to virtually all housing transactions, including renting, selling, financing, and advertising.
As a landlord, understanding and complying with the Fair Housing Act is not optional - it's the law. Violations can result in significant fines, lawsuits, and damage to your reputation. This guide will help you understand your obligations and implement fair, consistent practices.
The 7 Federal Protected Classes
Under federal law, you cannot discriminate against applicants or tenants based on these characteristics.
Examples of Discrimination:
- Refusing to rent to applicants of a particular race
- Offering different terms based on race
- Steering tenants to certain neighborhoods
Examples of Discrimination:
- Treating applicants differently based on skin tone
- Discriminatory advertising
- Different qualification standards
Examples of Discrimination:
- Discriminating against immigrants
- Language-based discrimination
- Requiring citizenship for rental
Examples of Discrimination:
- Refusing to rent to certain religions
- Prohibiting religious practices
- Religious-based harassment
Examples of Discrimination:
- Gender-based rental decisions
- Sexual harassment by landlords
- Different treatment based on gender
Examples of Discrimination:
- Refusing to rent to families with children
- Limiting where families can live
- Charging higher rent for families
Examples of Discrimination:
- Refusing reasonable accommodations
- Denying modifications
- Discriminatory policies against disabilities
| State | Additional Protected Classes |
|---|---|
| California | Sexual orientation, gender identity, source of income, marital status, genetic information |
| New York | Sexual orientation, gender identity, marital status, military status, source of income |
| Massachusetts | Sexual orientation, gender identity, marital status, ancestry, source of income |
| Washington | Sexual orientation, gender identity, veteran status, source of income |
| Colorado | Sexual orientation, gender identity, marital status, ancestry |
| Illinois | Sexual orientation, gender identity, marital status, military status, source of income |
| New Jersey | Sexual orientation, gender identity, marital status, source of income |
| Oregon | Sexual orientation, gender identity, marital status, source of income |
| Maryland | Sexual orientation, gender identity, marital status, source of income |
| Nevada | Sexual orientation, gender identity, source of income |
1. Create Written Screening Criteria
Document your screening standards (income requirements, credit minimums, etc.) and apply them consistently to every applicant. This provides evidence of non-discriminatory practices if challenged.
2. Use Standardized Applications
Have all applicants complete the same application form. Never ask questions that could reveal protected class information (e.g., "Do you have children?" or "What country are you from?").
3. Document Everything
Keep records of all applications, screening results, and reasons for acceptance/rejection. If denied, provide written notification citing the specific, objective reasons (income, credit, etc.).
4. Train Yourself and Staff
Ensure anyone involved in leasing understands Fair Housing requirements. Well-meaning but ignorant comments can still constitute discrimination.
5. Review Advertising Carefully
Avoid language that could be seen as discriminatory. Don't describe ideal tenants, nearby churches/schools, or use language that targets or excludes groups.
Fair Housing violations can result in severe penalties, including:
$16,000+
Civil penalty for first violation
$37,500+
Second violation within 5 years
$65,000+
Third or more violations
Additional consequences may include compensatory damages to victims, punitive damages in court cases, attorney's fees, injunctive relief, and mandatory fair housing training.
HUD Fair Housing Hotline
1-800-669-9777
File complaints or get information
HUD Website
hud.gov/fairhousing
Official Fair Housing resources