What Is Prohibited?
The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more
than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and
private clubs that limit occupancy to members.
What Housing Is Covered?
The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more
than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and
private clubs that limit occupancy to members.
What Is Prohibited?
In the Sale and Rental of Housing: No one may take any of the following actions based on race,
color, national origin, religion, sex, familial status or handicap:
Refuse to rent or sell housing
Refuse to negotiate for housing
Make housing unavailable
Deny a dwelling
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) or
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.
Housing Opportunities for Families
Unless a building or community qualifies as housing for older persons, it may
not discriminate based on familial status. That is, it may not discriminate against families in which one or more children
under 18 live with:
A parent
A person who has legal custody of the child or children or
The designee of the parent or legal custodian,
with the parent or custodian's written permission.
Familial status protection also applies to pregnant women and anyone
securing legal custody of a child under 18.
Exemption: Housing for older persons is exempt from the prohibition against familial status discrimination if:
The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal,
State or local government program or
It is occupied solely by persons who are 62 or older or
It houses at least one
person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates an intent
to house persons who are 55 or older.
A transition period permits residents on or before September 13, 1988, to continue
living in the housing, regardless of their age, without interfering with the exemption.
In Addition: 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
Advertise or make any statement that indicates a limitation or preference based on race, color, national origin,
religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family
and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
In addition to the Federal Fair Housing Act state and local law may apply.
The consequences of violations may include significant
