What Is Housing Discrimination?

Finding a place to live should be about comfort, community, and opportunity. Yet, for many renters, homebuyers, and mortgage applicants, discrimination shapes their housing choices in unlawful ways. Your right to fair housing is protected by federal and state law.

Landlords, real estate agents, lenders, and insurers who violate fair housing laws can face serious legal consequences. Understanding how housing discrimination works and what legal remedies exist is the first step toward protecting your rights. For legal advice, reach out to a discrimination law attorney.

Understanding Housing Discrimination

Housing discrimination occurs when people in a protected class are treated unfairly in buying, renting, mortgage lending, homeowners insurance, or other house-related activities.

Protected classes under the federal Fair Housing Act (FHA) include race, color, sex, national origin, religion, familial status, and disability. Familial status includes households with children under the age of 18, pregnant women, and people in the process of obtaining child custody. Disability includes physical, mental, and developmental disabilities.

The FHA was enacted as Title VIII of the Civil Rights Act of 1968. It applies to most housing types except some owner-occupied buildings with four or fewer units and single-family homes sold or rented without a broker.

The Americans with Disabilities Act (ADA) requires accessibility and reasonable accommodations for people with disabilities in public housing. The ADA would also apply to areas of public accommodation within private residential facilities.

Many states and local governments have laws that provide additional protections, including classes not covered federally, such as sexual orientation, gender identity, marital status, source of income, and more.

Types of Housing Discrimination

Discrimination can take several forms and happen across all housing and real estate areas.

Rental Housing

Housing providers that refuse to rent or require different terms for protected classes are committing discriminatory housing practices.

They cannot deny an application outright based solely on the applicant’s belonging to a protected class, and they cannot make the application process different because of protected class membership.

Home Sales and Purchases

Homebuyers can experience discrimination in a variety of ways. The owner could refuse to sell the house to people based on their membership in a protected class. The real estate agent could steer buyers towards or away from specific neighborhoods based on their protected class.

Historically, this has most commonly occurred based on race. Another aspect of this would be blockbusting. This is when real estate agents persuade homeowners to sell based on the suggestion that minorities are moving into the neighborhood, reducing property values. This is often combined with discriminatory appraising practices.

Mortgage Lending and Financing

Historically, the most common form of mortgage lending discrimination was redlining. Banks or mortgage lenders would deny or restrict loans based on neighborhood demographics, often related to minorities. The modern form of this typically happens through discriminatory mortgage loan approvals or insurance policy denials.

Another discriminatory practice is predatory mortgage lending, when lenders target a protected class with unfair loan offers and terms. The loan could have excessive fees or predatory interest rates.

Advertising

Discriminatory advertising may be intentional or unintentional. Signs of advertising discrimination could be publishing ads that indicate a preference or limitation based on a protected class. Sometimes, these statements are bold and clear, while other times, they are more subtle and implied.

Tenant Treatment

Landlords can be discriminatory towards tenants by offering inferior maintenance, restricting access to amenities, or unequal treatment in repairs and services.

Discrimination of this form commonly happens when a landlord refuses to make reasonable modifications for persons with disabilities. This could include refusing to install a wheelchair ramp or grab bars in the rental property.

Landlords are also not permitted to take retaliatory action against tenants who assert their rights during occupancy.

Identifying Signs of Discrimination

Keeping an eye out for common signs of discrimination can help you identify unfair treatment early on.

Application Denials Without Explanation

Denials without a clear explanation can be a sign of discriminatory behavior. This commonly takes the form of being told a rental or home is “no longer available” or “already rented/sold” when the unit is still advertised or known to be vacant.

Getting Treated Differently in Housing

You could be asked to pay higher deposits, agree to different terms, or go through additional screening requirements compared to other applicants. This could also include receiving less favorable treatment in maintenance or access to amenities.

A real estate agent could refuse to show you specific units or neighborhoods they are willing to show other buyers. You could be treated differently during the application process, such as longer wait times, delayed responses, or denial without clear reasons. The real estate professionals you work with may make statements or questions about race, religion, family composition, disability, or other protected categories.

Applying Rules Selectively

Sometimes, the discriminatory actions are more subtle, such as applying rules selectively. Understanding subtle discrimination is critical because it often violates the Fair Housing Act even when overt discrimination is absent.

There could be systematic denial or poor treatment of certain groups in multiple housing transactions, even if individual incidents seem ambiguous. An example would be ambiguous pet policies that prevent disabled individuals with service animals from renting. Sometimes, it is in ads that imply preferences or discourage certain groups indirectly by emphasizing certain community traits or excluding others.

To identify unequal treatment, it’s essential to identify and compare individuals’ treatment. Compare your experience with others. Look for patterns of behavior over time. Gather evidence that supports discriminatory actions. Early identification helps victims gather evidence and build stronger complaints.

How To File a Housing Discrimination Complaint

If you’ve experienced housing discrimination, you can file a housing complaint. Step one is identifying the appropriate agency to submit your housing complaint to.

Complaints can be filed with the U.S. Department of Housing and Urban Development (HUD) for federal cases. Some states and localities have fair housing agencies where complaints can be filed. You can submit your claim online, by mail, fax, or in person. There are also specialists that can help you submit your complaint by phone.

Before you submit your complaint, have all of your information readily available, including:

• Your name and address
• The name and address of the person(s) or organization your claim is against
• Identification of the housing or program involved
• A short description of the discriminatory event(s)
• The date(s) of the alleged violation

Complaints must typically be filed within one year of the alleged discriminatory act if you file your complaint with HUD. Timely filing is critical. Missing the deadline can bar your complaint from getting investigated. Some state or local agencies may have different or longer deadlines. A local attorney can tell you the filing deadlines for local or state agencies.

HUD Complaint Investigation Process

Once your complaint is submitted, the HUD investigators will begin their review. They will determine if it falls under the Fair Housing Act. If accepted, HUD notifies the respondent (the accused party) and begins an investigation. The investigator will collect evidence and interview you, the respondent, and the witnesses. They may also perform on-site visits or testing if appropriate.

HUD investigators will attempt to resolve the complaint through voluntary settlement agreements to avoid litigation. If this fails, HUD may refer the case to the U.S. Department of Justice (DOJ) for enforcement litigation.

If HUD dismisses or does not resolve the complaint within 100 days, you may file a lawsuit in federal or state court independently. Possible outcomes of your HUD complaint include dismissal when no violation is found, settlement with remedies, or court actions resulting in penalties or compensation.

Resources for Victims of Housing Discrimination

Victims of housing discrimination have several resources available to them that are ready to assist in seeking justice. HUD enforces the Fair Housing Act at a federal level. Many states and large cities also have housing authorities that enforce fair housing laws on a local level. These agencies often have complaint processes, investigation powers, and outreach programs.

There are also non-profit organizations that provide support and guidance. The National Fair Housing Alliance (NFHA) is one of the largest non-profit organizations dedicated to ending housing discrimination. It provides resources, testing services, and legal referrals for victims. Many smaller, local organizations provide similar services.

Finally, you may need assistance with securing housing as a result of housing discrimination. Some non-profits provide temporary housing aid or emergency rental assistance for displaced individuals. There are also programs that can help with relocating to new permanent housing.

Find Legal Help

Housing discrimination does more than violate the law. It strips individuals and families of the fundamental right to secure safe, fair, and stable housing. An experienced attorney can help victims understand their legal options, gather critical evidence, and pursue remedies, including compensation, policy changes, or injunctive relief.

To safeguard your rights and explore your legal options, consult an experienced housing discrimination lawyer as soon as possible.