Fair Housing Act
The 1968 federal law, Title VIII of the Civil Rights Act of 1968, that bans discrimination in renting, buying, financing, and insuring housing because of race, color, religion, sex, national origin, familial status, or disability.
What Is the Fair Housing Act?
The Fair Housing Act is the main federal law against housing discrimination. Congress passed it as Title VIII of the Civil Rights Act of 1968, and it was signed into law on April 11, 1968. It is codified at 42 U.S.C. 3601 and following sections.
The original law barred discrimination based on race, color, religion, and national origin. The Housing and Community Development Act of 1974 added sex. The Fair Housing Amendments Act of 1988 added familial status and disability (the statute’s older term is “handicap”).
How It Works
The law makes it illegal, because of a protected characteristic, to:
- Refuse to sell, rent, or negotiate, or falsely say a home is unavailable
- Set different terms, prices, or services
- Publish ads that indicate a preference or limitation
- Steer buyers or renters toward or away from neighborhoods
- Refuse a reasonable accommodation or modification for a person with a disability
According to the Justice Department, the law reaches lenders, homeowners insurers, and local governments as well as landlords and agents. That includes municipalities that deny permits or zoning changes because of who is expected to live in a development.
Enforcement. A person can file a complaint with HUD within one year of the alleged discrimination or file a private lawsuit within two years. The Justice Department sues in pattern-or-practice cases and on referrals from HUD.
Exemptions. The law exempts some owner-occupied buildings with four or fewer units and some single-family homes sold or rented by an owner without a broker. Even then, discriminatory advertising stays illegal. Housing for older persons may exclude families with children, and religious organizations may give preference to members in some non-commercial housing.
Disparate Impact and Current Debates
In 2015, in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, the Supreme Court held that the act allows disparate impact claims. These are challenges to policies that are neutral on their face but have unjustified discriminatory effects. HUD has issued three final rules on the standard, in 2013, 2020, and 2023. In January 2026, it proposed removing its disparate-impact regulations and leaving the question to the courts. A supplemental proposal published in August 2026, which also covers HUD’s Title VI regulations, set a comment deadline of October 9, 2026. Neither proposal was final as of October 1, 2026, so check the current status before relying on HUD’s rule.
For a fuller treatment, see Fair Housing Today.
Sources
- U.S. Department of Justice, Civil Rights Division — The Fair Housing Act (opens in a new tab)
- 42 U.S. Code § 3604 — Discrimination in the sale or rental of housing (Cornell LII) (opens in a new tab)
- 42 U.S. Code § 3603 — Effective dates and exemptions (Cornell LII) (opens in a new tab)
- 42 U.S. Code § 3607 — Religious organization, private club, and housing for older persons exemptions (Cornell LII) (opens in a new tab)
- 42 U.S. Code § 3610 — Administrative enforcement; complaints to HUD (Cornell LII) (opens in a new tab)
- 42 U.S. Code § 3613 — Enforcement by private persons (Cornell LII) (opens in a new tab)
- Federal Register — HUD proposed rule on the Fair Housing Act's disparate impact standard (January 14, 2026) (opens in a new tab)
- Federal Register — HUD supplemental notice of proposed rulemaking on disparate impact and Title VI regulations (August 10, 2026) (opens in a new tab)
Updated · How we fact-check