The Fair Housing Act: A Landlord’s Plain-English Guide
The seven protected classes, what the Fair Housing Act prohibits, the small-landlord exemptions, advertising rules, deadlines and penalties, with citations.
By Seayora Editorial Team · Published · Facts checked · 4 min read
Short answer: The federal Fair Housing Act makes it illegal to refuse to rent, set different terms, publish a discriminatory ad or misstate availability because of race, color, religion, sex, familial status, national origin or disability. A few owners are exempt from some of its rules, but no landlord is exempt from the advertising rule, and many states and cities add protected classes of their own.
Key takeaways
- The seven federal protected classes are race, color, religion, sex, familial status, national origin and disability.
- An owner-occupied building of four or fewer units and some single-family homes are exempt from most rules, but never from the ban on discriminatory advertising.
- Disability adds two duties: allow reasonable modifications and make reasonable accommodations.
- HUD can assess civil penalties of up to $26,262 for a first violation, and courts can award actual and punitive damages.
Who does the Fair Housing Act protect?
It protects people because of race, color, religion, sex, familial status, national origin and disability (the statute says “handicap”). Familial status means a household with a child under 18 living with a parent or custodian, a pregnant person, or someone securing custody of a child (42 U.S.C. § 3602(k)). State and local laws frequently go further, adding classes such as source of income, sexual orientation, gender identity, age, marital status or military status.
What does the Act prohibit in a rental?
Under 42 U.S.C. § 3604, because of a protected characteristic a landlord may not:
- Refuse to rent, refuse to negotiate, or otherwise make a home unavailable.
- Set different terms, conditions, privileges, services or facilities.
- Make, print or publish any notice, statement or ad that indicates a preference, limitation or discrimination.
- Tell someone a unit is not available for inspection or rental when it is.
- Coerce, intimidate, threaten or interfere with anyone exercising fair housing rights, or retaliate against them (42 U.S.C. § 3617).
What extra duties apply to tenants with disabilities?
A landlord must permit reasonable modifications of the unit or common areas at the tenant’s expense when they are necessary for full enjoyment of the premises, and must make reasonable accommodations in rules, policies, practices or services when necessary to give a person with a disability an equal opportunity to use and enjoy a dwelling (§ 3604(f)(3); 24 CFR § 100.204). A request to keep an assistance animal in a no-pets building is the most common accommodation request. Covered multifamily buildings first occupied after March 13, 1991 must also meet seven accessibility design requirements.
Which landlords are exempt?
Two exemptions in 42 U.S.C. § 3603(b) matter to small owners. Neither covers the advertising rule in § 3604(c).
| Exemption | Who qualifies | Conditions |
|---|---|---|
| Single-family house | A private owner who owns no more than three single-family houses at one time | No broker or agent is used and no discriminatory advertising is published |
| Owner-occupied small building (“Mrs. Murphy”) | Rooms or units in a building with living quarters for no more than four families | The owner actually lives in one of the units |
The Act also lets housing for older persons exclude families with children if it qualifies: housing intended for and solely occupied by people 62 or older, or housing where at least 80% of occupied units have at least one resident 55 or older and that publishes and follows policies showing that intent (42 U.S.C. § 3607(b)).
How do the advertising rules work?
Describe the home, never the person you want to live there. “Two bedrooms, third-floor walk-up, no elevator” is a fact about the unit; “perfect for a young professional” or “no kids” states a preference about the tenant. The rule covers every channel, including listing sites, social media and signs, and HUD’s regulation lists examples of prohibited advertising (24 CFR § 100.75).
What are the deadlines and penalties?
| Route | Deadline | What can be awarded |
|---|---|---|
| Complaint to HUD | Within one year of the discriminatory act | Actual damages, injunctive relief and civil penalties up to $26,262 (first violation), $65,653 or $131,308 for repeat violators |
| Private lawsuit | Within two years of the act | Actual and punitive damages, an injunction and attorney’s fees |
| Department of Justice | Pattern-or-practice cases | Damages and civil penalties |
The civil penalty amounts are adjusted for inflation each year; the figures above are those in 24 CFR § 180.671 as of October 2026. HUD withdrew a number of fair housing guidance documents in 2025 without changing the statute; see what HUD withdrew.
Frequently asked questions
Can I advertise “adults only” or “no children”?
Not unless the property qualifies as housing for older persons under 42 U.S.C. § 3607(b). Otherwise it is familial status discrimination, and the advertising rule applies even to owners who are exempt from the rest of the Act.
Does the Fair Housing Act apply if I rent one room in my house?
The owner-occupied exemption covers a building of four or fewer units where you live, but not the advertising rule, not the race protections of 42 U.S.C. § 1982, and often not your state’s fair housing law.
Can I set occupancy limits?
Yes, if they are reasonable and applied consistently. A limit stricter than local occupancy codes can be challenged as familial status discrimination.
State-by-state rules
- Can a landlord refuse a Section 8 voucher? — compared across 29 states and the District of Columbia
Sources
- 42 U.S.C. § 3602, Definitions, Legal Information Institute
- 42 U.S.C. § 3603, Effective dates of certain prohibitions, Legal Information Institute
- 42 U.S.C. § 3604, Discrimination in the sale or rental of housing, Legal Information Institute
- 42 U.S.C. § 3607, Religious organization or private club exemption; housing for older persons, Legal Information Institute
- 42 U.S.C. § 3617, Interference, coercion, or intimidation, Legal Information Institute
- 42 U.S.C. § 1982, Property rights of citizens, Legal Information Institute
- Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968), Legal Information Institute
- 24 CFR § 100.75, Discriminatory advertisements, statements and notices, eCFR
- 24 CFR § 100.204, Reasonable accommodations, eCFR
- 24 CFR § 180.671, Assessing civil penalties for Fair Housing Act cases, eCFR
How Seayora helps
Fair housing tools: A fair housing check on listing copy, written screening criteria and a record of every decision.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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