The Fair Housing Act prohibits discrimination in housing because of:

• Race

• Color

• National Origin

• Religion

• Sex (including gender identity and sexual orientation)

• Familial Status

• Disability

DescriptionThe Fair Housing Act covers most housing. In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members. text goes here

DescIn the Sale and Rental of Housing:

It is illegal discrimination to take any of the following actions because of race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin:

Refuse to rent or sell housing

Refuse to negotiate for housing

Otherwise make housing unavailable

Set different terms, conditions or privileges for sale or rental of a dwelling

Provide a person different housing services or facilities

Falsely deny that housing is available for inspection, sale or rental

Make, print or publish any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination

Impose different sales prices or rental charges for the sale or rental of a dwelling

Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements

Evict a tenant or a tenant’s guest

Harass a person

Fail or delay performance of maintenance or repairs

Limit privileges, services or facilities of a dwelling

Discourage the purchase or rental of a dwelling

Assign a person to a particular building or neighborhood or section of a building or neighborhood

For profit, persuade, or try to persuade, homeowners to sell their homes by suggesting that people of a particular protected characteristic are about to move into the neighborhood (blockbusting)

Refuse to provide or discriminate in the terms or conditions of homeowners insurance because of the race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin of the owner and/or occupants of a dwelling

Deny access to or membership in any multiple listing service or real estate brokers’ organization

For more information and examples, visit Examples of Housing Discrimination.

In Mortgage Lending:

It is illegal discrimination to take any of the following actions based on race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin:

Refuse to make a mortgage loan or provide other financial assistance for a dwelling

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 a dwelling

Condition the availability of a loan on a person’s response to harassment

Refuse to purchase a loan

For more information about discrimination in mortgage lending, visit Fair Lending.

Harassment:

The Fair Housing Act makes it illegal to harass persons because of race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin. Among other things, this forbids sexual harassment. Learn more about sexual harassment here.

Other Prohibitions:

In addition, it is illegal discrimination to:

Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise the right

Retaliate against a person who has filed a fair housing complaint or assisted in a fair housing investigation

Advertising:

For more information about advertising and the Fair Housing Act, visit Advertising and Marketing.

Additional Protections For Persons With Disabilities:

Housing providers must make reasonable accommodations and allow reasonable modifications that may be necessary to allow persons with disabilities to enjoy their housing. Get more information about reasonable accommodation here.

Certain multifamily housing must be accessible to persons with disabilities. Get more information here.ription text goes here

California’s Fair Employment and Housing Act (also known as FEHA) applies to most providers of housing and services related to housing such as landlords, tenant screening companies, real estate agents, home sellers, builders, mortgage lenders, and housing authorities. This law prohibits people or entities that provide housing from discriminating against or harassing tenants, homeowners, residents, their guests, housing or mortgage applicants, home buyers, and others. In addition, another law, the Unruh Civil Rights Act, applies to housing providers that qualify as a business establishment from discriminating against customers on the basis of protected characteristics.

Examples of actions that could be discriminatory if based on a person’s protected characteristic:

Refusal to sell, rent, or lease rooms, apartments, mobile homes, condos, or houses

Refusal to negotiate for the sale, rental, or lease of housing

Informing someone that an apartment is not available for inspection, sale, or rental when it is in fact available

Denial of a home loan or homeowner’s insurance

Cancellation or termination of a sale or rental agreement

Refusal to permit, at a disabled tenant’s expense, reasonable modifications – such as adding a ramp, widening a doorway, or installing a safety bar in a shower – when necessary to accommodate a disability

Refusal to make reasonable accommodations in housing rules, policies, practices, or services where necessary to provide a disabled person equal opportunity to use and enjoy a dwelling

Rules that restrict only on families with children, such as a prohibition against children using an on-site pool or playing in common areas of an apartment complex

Refusing to rent to a tenant with a section 8 voucher.

Not complying with the requirements of a rental assistance or subsidy program (such as section 8) by refusing to complete required forms, sign documents, or allow inspections

Refusing to rent to anyone with a criminal history

Screening prospective tenants – including when done by a third-party such as a tenant screening company – in a way that discriminates based on a protected characteristic

Retaliation against someone because they filed a complaint with CRD, requested a reasonable accommodation for a disability, or otherwise tried to protect their rights to be free from housing discrimination

California law protects individuals from illegal discrimination and harassment by housing providers based on certain protected characteristics, whether or not someone actually has that characteristic or is perceived to have it. The law also protects against discrimination and harassment that is based on more than one, or intersecting, characteristics. Finally, California law protects people from discrimination and harassment that is based on the protected characteristic of their family member, friend, roommate, or any other associate.

Housing discrimination can take many forms. Here are some examples of housing discrimination.

Discrimination Isn’t Always Obvious – Example #1:

John, who is a Black man, speaks to a prospective landlord on the phone about leasing an apartment. On the phone, the landlord seems eager to rent to John, but when John meets with the landlord in person to fill out an application, the landlord’s attitude is entirely different. A few days later, John receives a letter saying that his application was denied because of a negative reference from his current landlord. John is surprised because he never had problems with his landlord, and his landlord swears she was never contacted for a reference. John suspects that the real reason he was denied the apartment was because he is Black, so John files a complaint with HUD. HUD investigates and it turns out John is right – the landlord’s files show a pattern of discrimination because of race and color.

Discrimination Isn’t Always Obvious – Example #2:

Jane is a Muslim woman who wears a hijab. Jane walks into the leasing office for a large apartment building because she saw a sign in the building’s window advertising several available units. Jane introduces herself to the leasing officer, who immediately says there are no units available. Jane asks to be put on the waiting list, but she never receives a call. Jane files a complaint with HUD because she suspects that the leasing officer does not want to rent to her because she is Muslim. HUD investigates and it turns out Jane is right – other employees of the building give HUD information that substantiates Jane’s claim of religious discrimination.Description text goes here

Anyone who feels he, she, or they have been discriminated against may file a complaint of housing discrimination:

1-800-669-9777 (Toll Free)

1-800-9275 (TTY)

Brochure in English and Spanish

Summit a Claim www.hud.gov/fairhousing

U.S. Department of Housing and Urban Development

Assistant Secretary for Fair Housing and Equal Opportunity

Washington, D.C. 20410