Tenant Rights and Fair Housing Laws

Every tenant and prospective tenant has the right to protection under housing discrimination laws. Fair housing laws ban discrimination in renting, selling, or financing real property. Federal, state, and local laws ensure all members of society have an equal opportunity to obtain housing.

While housing providers can screen tenants, they cannot deny a renter for discriminatory reasons. For example, you can ask for proof of income, such as a W2 or a Social Security Disability Insurance (SSDI) letter. You cannot deny a rental application if the potential tenant uses a voucher as a source of income. Asking a prospective tenant to pay a higher security deposit may invite scrutiny if the prospective tenant is a protected class member.

This article explains fair housing laws. Learn who these protections cover, examples of fair housing law violations, possible legal remedies, and more. If you’re facing a fair housing issue and need more support, legal help is available. Whether you’re a renter or a landlord, a local attorney can explain how fair housing laws apply to your situation and guide you through your rights and options.

Housing Discrimination

Housing discrimination exists when any party to a real estate transaction makes unequal housing decisions based on protected characteristics. The parties are not limited to landlords or property owners. Parties include real estate professionals, mortgage lenders, and appraisers. Prospective homeowners and renters can experience housing discrimination.

Housing Discrimination History

Before Congress passed the Civil Rights Act of 1968, many real estate industry professionals engaged in legally discriminatory practices. These practices distorted the housing market and denied fundamental human rights.

These practices included:

• Redlining: When real estate agents, housing providers, and mortgage lenders refuse to service protected class members. Redlining was part of the National Association of Realtors (NAR) Code of Ethics from 1924-1974.
• Blockbusting: When a real estate brokerage or agent uses the threat of minority “encroachment” to induce homeowners to sell their family houses. Homeowners often sold these homes at a loss and later resold them at inflated prices.

Fair Housing Laws

Federal, state, and local governments each have fair housing laws. Federal fair housing laws include the Fair Housing Act of 1968.

The federal Fair Housing Act bans housing discrimination based on:

• Race
• Ethnicity
• National origin
• Sex
• Age
• Familial status (it’s illegal to discriminate against children and pregnant women)
• Physical and mental disability (including alcoholism and past drug addiction)
• Religion
• Sexual orientation and gender identity

State and Local Fair Housing Laws

States and cities have similar fair housing laws that may prohibit other kinds of discrimination. That can include discrimination based on marital status and sexual orientation.

Examples of Housing Discrimination

Anti-discrimination laws continue to evolve to address new forms of discrimination. These include discrimination against people with disabilities and those with alternate sources of income.

Disability

The Fair Housing Act was enacted in 1968. The Americans with Disabilities Act was enacted in 1990. Disability is one protected characteristic under the Fair Housing Act. Housing providers and landlords must make reasonable accommodations for tenants and renters. Reasonableness in this context depends on the disability.

Disabled tenants can make reasonable modifications to their rental units at their expense. Examples of reasonable modifications include grab bars in the bathroom.

Source of Income

Housing providers cannot discriminate against prospective tenants based on their source of income. Some tenants use vouchers or Social Security Disability Income. Landlords cannot ask for extra verification of a disability or demand a higher security deposit based on their use of a voucher or SSDI.

Discriminatory Practices in Housing

Federal housing laws prohibit a variety of discriminatory conduct. Under Title VIII of the Civil Rights Act of 1968, or the Fair Housing Act of 1968, housing providers cannot:

• Use different rules to assess applicants in a protected class.
• Refuse to rent to people in a protected class.
• Provide different services or facilities to tenants in a protected class.
• Require protected-class members to pay a larger deposit.
• End a tenancy for a discriminatory reason.
• Set different rules for individual tenants
• Use advertisements that suggest the apartment is only available to a select group
• Refuse reasonable modifications for disabled tenants

Under the Americans with Disabilities Act, housing providers must make reasonable accommodations for tenants with disabilities. This includes allowing tenants to make reasonable modifications to the rental unit, such as installing grab bars in the bathroom. Physical or mental impairment is not a barrier to equal opportunity in housing.

The Fair Housing Act (FHA) does not apply to the following:

• Owner-occupied buildings with four or fewer units
• Single-family homes rented without a real estate broker
• Religious organizations renting noncommercial housing
• Housing for older persons

Housing providers for older persons can refuse to rent to families with children.

Fair Housing Act Violations

Anyone who has experienced a violation of their fair housing rights can file a discrimination complaint. A landlord or property manager cannot threaten eviction against the complainant (retaliation).

The U.S. Department of Housing and Urban Development (HUD) enforces the federal Fair Housing Act and other federal fair housing laws. Filing a complaint is the first step. After receiving a fair housing complaint, HUD investigates it. HUD determines whether a fair housing violation exists.

If it does, HUD issues a Determination of Reasonable Cause and a Charge of Discrimination. The complainants and the respondents then have 20 days to decide where to try the case. They can choose a HUD Administrative Law Judge or a Federal District Court Judge.

A lawyer isn’t required to pursue a fair housing claim, but legal help betters your chances of a favorable outcome. A landlord-tenant attorney can advocate for your rights and represent you through the process. Find local legal help.

Legal Remedies for Tenants

Remedies available to HUD include the following:

• Compensation for actual damages
• Punitive damages (to deter future discriminatory behavior)
• Equitable relief (includes orders granting housing to the complainant)
• Permanent injunctions (such as an order prohibiting future discriminatory behavior)
• Attorney fees

Get Legal Help With a Fair Housing Issue

Fair housing laws are complex and are comprised of federal, state, and local regulations. If you have experienced discriminatory housing practices, speak with an experienced, local attorney. They can review your situation and then explain your rights and legal options. If filing a complaint with HUD isn’t enough to resolve the situation, they can pursue further legal action to assert your rights and seek a remedy.

For property owners facing fair housing violations or discrimination claims, legal help is crucial to protect your business.

FindLaw’s directory of landlord-tenant lawyers can connect you with qualified legal help near you. Because state law matters, your attorney should be licensed in the state where the rental property is. Enter your city or ZIP code for a list of legal professionals in your area. Your search results will also show important details about prospective attorneys, like ratings, areas of practice, and whether they offer free consultations.