The Federal Fair Housing Act

The federal Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. Additional protections apply to federally-assisted housing. The Fair Housing Act is located in the United States Code, beginning at 42 U.S.C. §3601.

Who Is Protected?

The Fair Housing Act prohibits discrimination in housing because of:

• Race

• Color

• National Origin

• Religion

• Sex

• Familial Status

• Disability

What Types of Housing Are Covered?

The Fair Housing Act covers most housing. In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units; single-family houses sold or rented by the owner without the use of an agent; and housing operated by religious organizations and private clubs that limit occupancy to members.

What Is Prohibited?

In the Sale and Rental of Housing:

It is illegal discrimination to take any of the following actions because of race, color, religion, sex, disability, familial status, or national origin:

• Refuse to rent or sell housing

• Refuse to negotiate for housing

• Otherwise make housing unavailable

• Set different terms, conditions, or privileges for sale or rental of a dwelling

• Provide a person different housing services or facilities

• Falsely deny that housing is available for inspection, sale, or rental

• Make, print, or publish any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination

• Impose different sales prices or rental charges for the sale or rental of a dwelling

• Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures, or other requirements

• Evict a tenant or a tenant’s guest

• Harass a person

• Fail or delay performance of maintenance or repairs

• Limit privileges, services, or facilities of a dwelling

• Discourage the purchase or rental of a dwelling

• Assign a person to a particular building or neighborhood or section of a building or neighborhood

• For profit, persuade, or try to persuade, homeowners to sell their homes by suggesting that people of a particular protected characteristic are about to move into the neighborhood (blockbusting)

• Refuse to provide or discriminate in the terms or conditions of homeowners insurance because of the race, color, religion, sex, disability, familial status, or national origin of the owner or occupants of a dwelling

• Deny access to or membership in any multiple listing service or real estate brokers’ organization

In Mortgage Lending:

It is illegal discrimination to take any of the following actions based on race, color, religion, sex, disability, familial status, or national origin:

• Refuse to make a mortgage loan or provide other financial assistance for a dwelling

• Refuse to provide information regarding loans

• Impose different terms or conditions on a loan, such as different interest rates, points, or fees

• Discriminate in appraising a dwelling

• Condition the availability of a loan on a person’s response to harassment

• Refuse to purchase a loan

Harassment:

The Fair Housing Act makes it illegal to harass persons because of race, color, religion, sex, disability, familial status, or national origin. Among other things, this forbids sexual harassment.

Other Prohibitions:

In addition, it is illegal discrimination to:

• Threaten, coerce, intimidate, or interfere with anyone exercising a fair housing right or assisting others who exercise the right

• Retaliate against a person who has filed a fair housing complaint or assisted in a fair housing investigation

Advertising:

In nearly all housing—including private housing, public housing, and housing that receives federal funding—the Fair Housing Act prohibits the making, printing, and publishing of advertisements that indicate a preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, or national origin.

The prohibition applies to publishers—such as newspapers and directories—as well as to persons and entities who place real estate advertisements in newspapers and on websites. It also applies where the advertisement itself violates the Act, even if the property being advertised may be exempt from the provisions of the Act. Other federal civil rights laws may also prohibit discriminatory advertising practices.

Examples of advertising that may violate the Act include phrases such as “no children”—which indicates discrimination on the basis of familial status—or “no wheelchairs”—which indicates disability discrimination.

Federal law requires that applicants for participation in Housing and Urban Development’s (HUD) subsidized and unsubsidized housing programs pursue affirmative fair housing marketing policies. This is to help ensure that individuals of similar income levels in the same housing market area have a like range of housing choices available to them, regardless of their race, color, religion, sex, disability, familial status, or national origin.

Additional Protections for Persons with Disabilities:

Housing providers must make reasonable accommodations and allow reasonable modifications that may be necessary to allow persons with disabilities to enjoy their housing. Certain multifamily housing must be accessible to persons with disabilities.

State Fair Housing Laws

Most states also have fair housing laws that prohibit discrimination in housing opportunities. These laws are usually located in a state’s statutes.

In New Hampshire, the Federal Fair Housing Act applies and provides protections against discrimination in housing-related activities based on race, color, national origin, religion, sex, familial status, and disability. This Act covers most housing situations, with a few exemptions such as owner-occupied buildings with no more than four units, single-family homes sold or rented without an agent, and housing operated by religious organizations or private clubs that limit occupancy to members. It prohibits a variety of discriminatory practices, including refusal to rent or sell, setting different terms for housing, providing different housing services, and harassment. The Act also specifically prohibits discriminatory advertising and requires that housing providers make reasonable accommodations for persons with disabilities. New Hampshire may have additional state laws that complement the federal protections and provide further guidance on fair housing practices within the state.