Fair Housing Rights and How to File a Complaint

1The two lists the law is built on

The Fair Housing Act works by combining two lists. The first is who is protected: people treated differently because of race, color, religion, sex, national origin, familial status or disability. The second is what and whom it covers: most housing in the country, apartments, houses, condominiums, mobile home parks, shelters and assisted housing, and the people who control access to it, landlords, property managers, real estate agents, lenders, insurers, homeowners associations and anyone who advertises housing. Discrimination is illegal when an item from the first list drives a decision on the second.

Two of the seven characteristics need explaining. 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, and it covers pregnant people and anyone in the process of getting custody of a child. Housing for older persons, generally 55-and-older or 62-and-older communities that meet the law's requirements, may exclude families with children.

2What discrimination looks like

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, 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.

Much discrimination is invisible to the person it happens to: a different answer about availability, a higher deposit, a slower repair. That is why local fair housing organizations sometimes send matched testers to compare how applicants are treated.

3The extra duties owed to people with disabilities

For disability, the law goes beyond equal treatment and requires some changes. 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: 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. 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.

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 tenant who uses a cane after a stroke and is assigned a parking space at the far end of the lot, for example, can write to the manager asking for one near the entrance and attach a short note from a doctor confirming the walking limit. 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.

In most private housing, the landlord must allow a modification and the tenant pays for it, done properly, and in some cases restores the inside of the unit at the end of the lease. Housing that receives federal financial assistance, including public housing, falls under stricter rules, and the provider may have to pay. Multifamily buildings first occupied after March 13, 1991, must also meet basic accessibility design standards. For repairs to a home you own, see our guide to USDA home repair loans and grants.

Assistance animals

Asking to keep an assistance animal in a building with a no-pets rule has long been the most common accommodation request, and HUD's enforcement 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.

4Who 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; 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.

5How a complaint moves

1. Record it. Write down what happened, with dates, names and what was said, and keep ads, emails, texts, applications and notices.
2. File. File with HUD's Office of Fair Housing and Equal Opportunity, online, by phone at 1-800-669-9777, or by mail, with your name and address, the name and address of the person or company, the address of the housing, and a short description of what happened. Filing is free, and you do not need a lawyer or U.S. citizenship.
3. Investigation. 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.
4. Charge. 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. The deadlines are firm: generally one year after the discriminatory act, or after it ended, to file with HUD, and two years to file a lawsuit in state or federal court, with the time HUD spends on your complaint not counting toward the two years. File as soon as you can, because evidence fades and some state deadlines are shorter.

6Where state and local law go further

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. Your state or city human rights or fair housing agency can tell you what it covers, and a complaint filed with HUD can be referred to it.

Discrimination sometimes surfaces as an eviction notice. If you are being forced out of your home, our guide to facing eviction explains the first steps, and discrimination or retaliation can be raised as a defense.

8Where this guide stops

Fair housing law has exceptions and detailed rules, and state and local laws can add protections. 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.