What is the Fair Housing Act?

The Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended in 1988) is the primary federal law prohibiting discrimination in housing-related activities based on protected characteristics. The seven federally protected classes are: race, color, religion, sex (including sexual orientation and gender identity per Executive Order 13988), national origin, familial status (families with children under 18, pregnant women, people securing custody of children), and disability (physical or mental). The law prohibits discrimination in the sale, rental, advertising, financing, and provision of brokerage services related to housing.

Specific prohibited practices include: steering (directing buyers to or away from certain neighborhoods based on protected characteristics), blockbusting (inducing property owners to sell by claiming protected groups are moving into the area), redlining (refusing to make loans or provide insurance in certain neighborhoods), and discriminatory advertising (indicating preference for or against protected groups). There are limited exemptions: owner-occupied buildings with four or fewer units (Mrs. Murphy exemption), single-family homes sold by owner without a broker (if the owner owns no more than three homes), and religious organizations and private clubs (for their own members).

However, the race protection has NO exemptions — racial discrimination is never permitted under any circumstance. Many states add additional protected classes such as age, marital status, source of income, military status, and sexual orientation.