Glossary Term
Fair housing refers to federal, state, and local laws that prohibit discrimination in housing based on protected characteristics such as race, color, national origin, religion, sex, familial status, and disability. The federal Fair Housing Act applies to most rental housing; many states add more protected classes (e.g., source of income, sexual orientation).
In short
Fair housing refers to federal, state, and local laws that prohibit discrimination in housing based on protected characteristics such as race, color, national origin, religion, sex, familial status, and disability. The federal Fair Housing Act applies to most rental housing; many states add more protected classes (e.g., source of income, sexual orientation).
Landlords and property managers must treat applicants and tenants equally and may not discriminate in advertising, screening, terms, or treatment. Tenants who are discriminated against can file complaints and sue. Understanding fair housing protects everyone.
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Race, color, national origin, religion, sex, familial status, and disability. Familial status includes having children under 18. Many states add more, such as sexual orientation, gender identity, and source of income.
Generally yes — refusing a reasonable accommodation a person with a disability needs is still illegal under the Fair Housing Act, and you can request reliable documentation of the disability-related need. On fees, HUD's position changed: it withdrew its 2013 and 2020 assistance-animal notices on September 17, 2025 and said on May 22, 2026 it will pursue complaints only for individually trained animals. That narrows HUD enforcement, not the statute, and tenants can still sue — so denying or surcharging an ESA outright remains a real legal risk, and some states protect ESAs directly. Charging for actual damage is fine.
Yes, if your criteria are applied consistently to all applicants and are not a proxy for a protected class. Rejecting only certain groups or applying different standards based on protected class is discriminatory.
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