The short answer
The federal Fair Housing Act bans discrimination when people rent, buy, finance or insure a home, and in housing advertising, because of race, color, religion, sex, national origin, familial status or disability. Familial status protects households with children under 18, including pregnant people. A tenant or applicant with a disability can ask for reasonable accommodations, which are exceptions to rules and policies, and reasonable modifications, which are physical changes to the home. Retaliating against someone for asserting these rights is also illegal. You can file a complaint with HUD, online or at 1-800-669-9777, within one year of the discriminatory act, and you can sue in court within two years. Filing with HUD is free, and you do not need to be a U.S. citizen. Many state and local laws add more protections, such as for source of income, so check them as well.
What the law covers
The Fair Housing Act applies to most housing in the United States: apartments, houses, condominiums, mobile home parks, shelters and assisted housing. It covers landlords, property managers, real estate agents, lenders, insurers, homeowners associations and anyone who advertises housing. It protects seven characteristics: race, color, religion, sex, national origin, familial status and disability. Sex includes sexual harassment by a landlord or manager.
Familial status means a household with one or more children under 18 living with a parent, a legal guardian or someone with written permission from them. It also covers pregnant people and anyone in the process of getting custody of a child. Housing that qualifies as housing for older persons, generally 55 and older or 62 and older communities that meet the law's requirements, may exclude families with children.
What is illegal
Because of a protected characteristic, a housing provider cannot:
- Refuse to rent or sell, refuse to negotiate, or say a unit is unavailable when it is not.
- Set different rent, deposits, terms or rules, or provide different services or repairs.
- Advertise a preference, such as "no children" or "ideal for a single professional."
- Steer people toward or away from buildings or neighborhoods.
- Deny a loan, or offer worse loan terms, or deny or limit homeowners insurance.
- Harass a tenant, or threaten, intimidate or retaliate against someone who exercises fair housing rights, files a complaint or helps someone else do so.
It is also illegal to refuse a reasonable accommodation or modification that a person with a disability needs. Newer multifamily buildings, first occupied after March 13, 1991, must meet basic accessibility design standards.
Reasonable accommodations
A reasonable accommodation is a change to a rule, policy, practice or service that a person with a disability needs to have an equal chance to use and enjoy their home. Common examples include a reserved parking space near the door, permission for a live-in aide, extra time to pay rent when a disability-related payment arrives late in the month, or help with paperwork.
No special form is required. A request counts once you make clear that you want an exception because of a disability. If the disability or the need is not obvious, the provider can ask for reliable information about it, but not for your diagnosis or medical records in general. A provider can refuse only on limited grounds, such as an undue financial and administrative burden, and should discuss alternatives first. Make the request in writing and keep a copy.
Assistance animals
Asking to keep an assistance animal in a building with a no-pets rule has long been the most common accommodation request. HUD's enforcement policy has changed: in 2025 it withdrew its earlier assistance animal guidance, and in May 2026 it issued guidance saying it will pursue such complaints only when the animal is individually trained to do work or tasks for the person's disability. The law itself has not changed, and state laws and court decisions may still protect other assistance animals, so ask a fair housing agency or lawyer about your situation.
Reasonable modifications
A reasonable modification is a physical change to the home or common areas, such as a ramp, grab bars, a lowered counter or a wider doorway. In most private housing, the landlord must allow the change and the tenant pays for it. The landlord can ask that the work be done properly, and in some cases that the tenant restore the inside of the unit at the end of the lease, reasonable wear and tear excepted.
Housing that receives federal financial assistance, including public housing, falls under stricter rules, and the provider may have to pay. For repairs to a home you own, see our guide to USDA home repair loans and grants.
Example (hypothetical): a parking space request
Luis uses a cane after a stroke, and his building assigns parking spaces by seniority, leaving him one at the far end of the lot. He writes to the manager asking for a space near the entrance because of his disability, and attaches a short note from his doctor confirming that he cannot walk long distances. The manager reassigns a space within a week. Had the manager refused without a valid reason, Luis could have filed a complaint with HUD.
Who is exempt
A few kinds of housing are exempt from parts of the law: a building with four or fewer units where the owner lives in one of them; a single-family home sold or rented by an owner who owns no more than three such homes, without using a real estate agent; housing for older persons as described above; and in some cases housing run by religious organizations or private clubs for their members. Even exempt owners may not publish discriminatory advertising, and state or local laws may cover them.
How to file a complaint
- Write down what happened, with dates, names and what was said, and keep ads, emails, texts, applications and notices.
- File with HUD's Office of Fair Housing and Equal Opportunity, online, by phone at 1-800-669-9777, or by mail. Include your name and address, the name and address of the person or company you are complaining about, the address of the housing, and a short description of what happened.
- HUD, or a state or local agency that enforces an equivalent law, investigates at no cost to you and tries to settle the complaint through conciliation.
- If the agency finds reasonable cause, it can bring a charge, which is decided by an administrative law judge or in federal court.
Local fair housing organizations can help you prepare a complaint, and some test whether a landlord treats applicants differently.
Deadlines
You generally have one year after the discriminatory act, or after it ended, to file with HUD. You have two years to file a lawsuit in state or federal court, and time spent while HUD processes your complaint does not count toward the two years. File as soon as you can: evidence fades, and some state deadlines are shorter.
State and local protections
Many states and cities protect more characteristics than federal law, such as source of income, age, marital status, sexual orientation, gender identity or military status. Where source of income is protected, a landlord cannot refuse an applicant only because the rent will be paid partly with a housing voucher; see our Section 8 guide. If you are being forced out of your home, our guide to facing eviction explains the first steps.
Common questions
Which groups does the Fair Housing Act protect?
People protected because of race, color, religion, sex, national origin, familial status and disability. State and local laws often add more, such as source of income.
How long do I have to file a housing discrimination complaint?
One year with HUD from the discriminatory act, or from when it ended, and two years to file a lawsuit in court.
Can a landlord refuse an assistance animal because of a no-pets policy?
A person with a disability can ask for an exception as a reasonable accommodation. Since May 2026, HUD pursues such complaints only for animals trained to do disability-related tasks, but state laws may protect others.
Does it cost anything to file a complaint with HUD?
No. HUD and the state and local agencies it works with investigate at no cost, and you do not need a lawyer or U.S. citizenship to file.
What this does not tell you
Fair housing law has exceptions and detailed rules, and state and local laws can add protections. A fair housing agency or lawyer can tell you which apply to you.
This is general information and not legal advice. HUD's guidance and procedures have changed recently and can change again, so confirm them at hud.gov or by phone.
Official sources
What you can do next
Write down what happened with dates and keep any ads, messages and notices. Then contact HUD's fair housing office or a local fair housing agency. If you are looking for affordable housing, estimate your Section 8 rent.
