Housing...Inside and Out

August 21, 1998
Fair Housing - What are my rights? Part 1

The Fair Housing Act prohibits discrimination in housing because of:

  • Race or color
  • National origin
  • Religion
  • Sex
  • Familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18) 
  • Handicap (Disability)

What Housing Is Covered?

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

What Is Prohibited?

In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:

  • Refuse to rent or sell housing 
  • Refuse to negotiate for housing
  • Make housing unavailable
  • Deny a dwelling 
  • Set different terms, conditions or privileges for sale or rental of a dwelling
  • Provide different housing services or facilities
  • Falsely deny that housing is available for inspection, sale, or rental
  • For profit, persuade owners to sell or rent or
  • Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.

In Mortgage Lending: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap (disability):

  • Refuse to make a mortgage loan 
  • 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 property 
  • Refuse to purchase a loan or 
  • Set different terms or conditions for purchasing a loan

In Addition: It is illegal for anyone to:

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

  • Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.


Written by Dr. Francis Graham (Retired)

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