Last Updated on March 20, 2024 by Kelvin Nielsen
The Fair Housing Act is also known as Title VIII of the Civil Rights Act of 1968. It was enacted in 1968 and its sole purpose is to prohibit discrimination in the sale, purchase, rental, or financing of housing based on certain protected classes.
The primary enforcer of the act is the U.S Department of Housing and Urban Development (HUD).
It’s paramount for landlords, mortgage lenders, and home sellers to have a good grasp of this law to avoid potential legal issues with their clients.
The following are answers to commonly asked questions regarding the Fair Housing Act of 1968.
What is the purpose of the Fair Housing Act?
The FHA was introduced with the sole purpose of making the private rental sector fair to both landlords and tenants.
Before the legislation, housing discrimination in housing was pretty commonplace. It wasn’t uncommon to find rental ads that expressly prohibited certain races from living in certain areas.
What are the 7 protected classes for Fair Housing?
The Federal Fair Housing Act protects tenants, home buyers, and mortgage applicants based on 7 classes. That is:
- Race
- Color
- Nationality
- Sex
- Religion
- Disability
- Familial status
What is the U.S. Code for Fair Housing Act?
The Fair Housing Act is codified under 42 U.S. Code § § 3601-3619 and 3631. The protections exist throughout the 50 U.S states. Some individual states may also have additional protections codified under state laws.
Is the Fair Housing Act the same as the Civil Rights Act?
The Civil Rights Act of 1964 was a predecessor to the Fair Housing Act of 1968. The Civil Rights Act prohibited discrimination based on race, color, sex, religion, and national origin.
The 1968 act further expanded on the Civil Rights Act of 1964 and prohibited discrimination concerning the rental, sale, and financing of housing based on sex, nationality, religion, race, familial status, and disability.
When did the Fair Housing Act Pass?
The Federal Fair Housing Act was passed by Congress on April 11, 1968, and came after a long and difficult journey. For two years, Congress regularly considered enacting the bill into law, but every time it failed to garner the requisite majority for its passage.
The passage of the FHA only came barely a week after the assassination of Rev. Dr. Martin Luther King, Jr. – the great civil rights leader.
What are some examples of Fair Housing Violations?
Possible violations of the FHA are many. The following are just a handful.
- Harassing a tenant who is a member of a protected class. For example, sexual harassment could be subject to a complaint.
- Using different criteria for different tenants. An example of this is creating extra application steps based on a protected class. The act demands that landlords, home sellers, and mortgage lenders provide their clients with equal and fair opportunities.
- Refusing to make reasonable accommodations for disabled tenants. Disability is a protected class under the Fair Housing Act. In addition to this, the Americans with Disability Act requires that landlords make reasonable accommodations for disabled tenants. An example of a reasonable accommodation is allowing a disabled tenant to have a service animal.
- Steering a tenant away to certain neighborhoods.
What are the civil penalties for Fair Housing violations?
Violating the Fair Housing Act can have severe financial repercussions for the party found guilty of a violation. What’s the maximum civil penalty for a first violation of the federal fair housing act? Civil penalties can go up to $16,000 for the first violation in cases tried before a HUD Administrative Law Judge. What is the maximum penalty for a repeat violation of the Federal Fair Housing Law? The penalty for repeat violations can be as high as $65,000 under a HUD Administrative Law Judge. However, for cases brought by the Justice Department, the penalties can be as high as $150,000.
Fair Housing Act: State-by-State Protected Classes
Alabama
What are the protected classes in Alabama? Alabama doesn’t have additional protections for classes of people not outlined in the Federal Fair Housing Act. As such, there are only 7 protected classes in Alabama: race, color, sex, religion, nationality, disability, and familial status.
What are the penalties for housing discrimination in Alabama? Currently, none have been explicitly spelled out in Alabama law.
Alaska
What are the protected classes in Alaska? In addition to the federal-provided protections, Alaska extends protections to tenants on the based on status and pregnancy.
What are the penalties for housing discrimination in Alaska? The state is yet to outline specific punishments for landlords found guilty of discriminating against their tenants.
The Alaska Commission for Human Rights is the government agency tasked with handling cases related to housing discrimination in Alaska.
Arizona
What are the protected classes in Arizona? Arizona state law does not provide any additional protections to groups not outlined in the Fair Housing Act.
What are the penalties for housing discrimination in Arizona? Arizona law does not outline specific punishments for housing discrimination.
Arizona’s Department of Housing is the government agency tasked with handling fair housing complaints in the state.
Arkansas
What are the protected classes in Arkansas? Arkansas does not extend extra protections to any groups not outlined in the Fair Housing Act.
What are the penalties for housing discrimination in Arkansas? Arkansas does not define standard penalties for discrimination.
Arkansas’ Attorney General is responsible for enforcing the housing discrimination law.
California
What are the protected classes in California? In addition to the 7 protected classes provided at the federal level, California extends that list further by adding citizenship status, ancestry, gender identity/expression, mental disability, marital status, immigration status, military and veteran status, primary language, income source, and sexual orientation.
What are the penalties for housing discrimination in California? Currently, California is yet to legislate specific penalties.
The Department of Fair Employment and Housing handles fair housing complaints in the state.
Colorado
What are the protected classes in Colorado? Colorado law extends protections in housing to people based on their ancestry, sexual orientation, marital status, gender identity, and ownership of a service animal.
What are the penalties for housing discrimination in Colorado? No legislation exists in this regard, and cases are evaluated on a case-by-case basis.
The Colorado Department of Regulatory Agencies, Civil Rights Division handles fair housing complaints in the state.
Connecticut
What are the protected classes in Connecticut? In addition to the 7 federally-protected classes, Connecticut state law adds additional protection for tenants on the based on the source of income, sexual orientation, marital status, age, ancestry, and gender identity.
What are the penalties for housing discrimination in Connecticut? Currently, there are no specific punishments outlined.
Connecticut’s Commission on Human Rights handles housing discrimination complaints in the state.
Delaware
What are the protected classes in Delaware? In addition to the 7 federally-protected classes, Delaware State adds additional protections for tenants on the basis obased ons, gender identity, domestic abuse victim status, and age, creed, source of income, sexual orientation.
Delaware does not outline specific penalties for discriminatory practices.
Delaware Division of Human Relations handles housing discrimination suits.
Florida
What are the protected classes in Florida? In addition to the 7 federally-protected classes, Florida law provides additional protections for pregnant individuals.
Refer to The Florida Commission on Human Relations website for more information.
Georgia
What are the protected classes in Georgia? Georgia does not have any additional protections for groups not covered in the Fair Housing Act.
There are no codified legal penalties for discrimination in Georgia housing.
Refer to the state’s Department of Community Affairs for more information.
Hawaii
What are the protected classes in Hawaii? In addition to the 7 federally-protected classes, State law also adds discrimination protection for individuals based on HIV status, sexual orientation, marital status, age, and gender identity.
Hawaii does not have information about standardized penalties for discrimination.
The Hawaii Civil rights Commission handles cases relating to housing discrimination.
Idaho
What are the protected classes in Idaho? There are no additional protections under the Idaho Fair Housing Act. However, the state law clarifies that the “disability” portion of the FHA covers AIDS, blindness, mental impairments, and chronic alcoholism.
The state does not specify what kind of penalties they render.
The Idaho Human Rights Commission handles cases related to housing discrimination.
Illinois
What are the protected classes in Illinois? Aside from the 7 federally protected classes, Illinois adds age, ancestry, military status, domestic violence history, pregnancy, sexual orientation, gender identity, and marital status to the list of protections.
Landlords found guilty of violating the Illinois Fair Housing Act risk being liable up to $21,039 for a first violation.
Indiana
What are the protected classes in Indiana? Indiana does not offer any extra protection to groups not outlined in the Fair Housing Act.
Indiana landlords found guilty of discrimination in housing may be liable for damages. The specific penalties are not spespelledt, though.
Discrimination housing laws are handled by the Indiana Civil Rights Commission.
Iowa
What are the protected classes in Iowa? In addition to the 7 protected classes under the Federal Fair Housing Act, Iowa also provides extra protection for individuals based on sexual orientation and gender identity.
The state doesn’t specify what penalties perpetrators may be liable to. However, the Commission publishes high-profile cases so you can see what kind of penalties are handed down.
Housing discrimination cases in Iowa are handled by the Iowa Civil Rights Commission.
Kansas
What are the protected classes in Kansas? Kansas state law doesn’t offer extra protections for any other group other than those provided at the federal level.
The Kansas Human Rights Commission handles fair housing complaints in Kansas.
For more information, please check the commission’s website.
Kentucky
What are the protected classes in Kentucky? Kentucky does not have any extra protection for classes other than those outlined in the Fair Housing Act. However, in Kentucky, HIV/AIDS counts as a “disability.”
The Kentucky Commission on Human Rights handles fair housing matters in the state.
Louisiana
What are the protected classes in Louisiana? Louisiana does not offer special protections for any groups not listed in the Fair Housing Act. That said, Louisiana courts have a precedent of protecting immigrants based on their nationality.
The Louisiana Attorney General’s office handles fair housing complaints in Louisiana.
Maine
What are the protected classes in Maine? Maine state law adds one extra protection for tenants based on sexual orientation.
The Commission does not disclose what kind of penalties are imposed on landlords found guilty of discrimination.
The Maine Human Rights Commission handles fair housing complaints in the state.
Maryland
What are the protected classes in Maryland? In addition to the 7 federally-protected classes, Maryland adds additional protection for individuals based on marital status, gender identity, and sexual orientation.
Maryland State does not list specific penalties for housing discrimination.
The Maryland Commission on Civil Rights handles fair housing complaints in the state.
Massachusetts
What are the protected classes in Massachusetts? Massachusetts state law adds extra protections for tenants based on income source, sexual orientation, age, marital status, military status, gender identity, or genetic information.
Penalties are handled on a case-by-case basis, as the Attorney General hasn’t listed specific punishments for discrimination.
Complaints are handled by the state’s Attorney General Civil Rights Division.
Michigan
What are the protected classes in Michigan? In addition to the 7 protections provided by the Federal Fair Housing Act, Michigan adds protections based on age and marital status.
The Michigan Department of Civil Rights oversees housing discrimination complaints.
Minnesota
What are the protected classes in Minnesota? Aside from the 7 federal protections, state law adds further protection based on sexual orientation, marital status, and use of public assistance.
Housing discrimination cases are heard by the Minnesota Department of Human Rights.
Mississippi
What are the protected classes in Mississippi? Mississippi does not offer any extra protections for classes not outlined in the Fair Housing Act.
The Department of Housing and Urban Development handles fair housing complaints in the state.
Missouri
What are the protected classes in Missouri? Missouri does not include extra protections other than those provided at the federal level.
The Missouri Department of Labor and Industrial Relations handles housing discrimination complaints in the state.
Montana
What are the protected classes in Montana? Besides the 7 protections provided by the Federal Fair Housing Act, Montana has further protections based on age and marital status.
Currently, it is unclear what kind of penalties landlords face for discrimination.
The Montana Fair Housing handles discrimination cases in the state.
Nebraska
What are the protected classes in Nebraska? Nebraska does not enshrine extra protection for any groups not outlined in the Fair Housing Act.
The Nebraska Equal Opportunity Commission handles cases relating to housing discrimination.
Nevada
What are the protected classes in Nevada? Besides the 7 protected classes under the Federal Fair Housing Act, Nevada State adds gender identity and sexual orientation to the list of protections.
The Nevada Equal Rights Commission handles housing discrimination cases in the state.
New Hampshire
What are the protected classes in New Hampshire? Extra protections provided by the New Hampshire state law are age, sexual orientation, and marital status.
The New Hampshire Commission for Human Rights handles housing discrimination complaints in the state.
New Jersey
What are the protected classes in New Jersey? In addition to the 7 protections under the Federal Fair Housing Act, New Jersey adds extra protections for tenants based on ancestry, source of lawful income, gender identity, sexual orientation, source or lawful rental payments, marital status, domestic abuse victim status, and HIV/AIDS status.
The New Jersey Attorney General’s Division of Civil Rights is tasked with handling most housing discrimination complaints.
New Mexico
What are the protected classes in New Mexico? In addition to the 7 classes provided by the Federal Fair Housing Act, New Mexico also adds extra protections based on gender identity, sexual orientation, ancestry, and spousal affiliation.
The Department of Housing and Urban Development handles discrimination-related cases in New Mexico.
New York
What are the protected classes in New York? In addition to the 7 protected classes under the Federal Fair Housing Act, New York adds extra protections based on military status, marital status, age, gender identity, and sexual orientation.
Discrimination complaints in the state are handled by the New York State Division of Human Rights.
North Carolina
North Carolina does not offer additional protections to classes not outlined in the Fair Housing Act.
The North Carolina Office of Administrative Hearings’ Civil Rights Division handles discrimination complaints in housing.
North Dakota
What are the protected classes in North Dakota? In addition to the 7 protected classes under the Federal Fair Housing Act, state law adds further legal protections for receipt of public assistance, marital status, , or status as a domestic abuse victim.
Cases related to housing discrimination in North Dakota are handled by the state’s Department of Labor and Human Rights.
Ohio
What are the protected classes in Ohio? Ohio, in addition to the 7 protected by the Federal Fair Housing Act, adds further protections based on military status. There are no extra protections for any other groups.
Administration and enforcement of the housing discrimination law are done by the Ohio Civil Rights Commission.
Oklahoma
What are the protected classes in Oklahoma? Oklahoma offers extra protection in addition to those provided by the Federal Fair Housing Act. As a landlord in Oklahoma, you cannot discriminate against your tenant based on their age. “Age” applies only to individuals who are at least 18 years old.
The state’s Human Rights Commission enforces discrimination legislation in the state.
Oregon
What are the protected classes in Oregon? In addition to the 7 protections under the Federal Fair Housing Act, Oregon adds extra protections for tenants based on sexual orientation, income source, marital status, and gender identity.
Administration of the state’s civil rights laws is done by the Oregon Bureau of Labor and Industries Civil Rights Division.
Pennsylvania
What are the protected classes in Pennsylvania? In addition to the 7 protected classes under the Fair Housing Act, Pennsylvania state-level protections are age and pregnancy status.
Cases involving housing discrimination are handled by the Pennsylvania Human Rights Commission.
Rhode Island
What are the protected classes in Rhode Island? Aside from the 7 protections under the FHA, Rhode Island Fair Housing Act adds extra protections for tenants based on domestic abuse victim status, gender identity/expression, age, and sexual orientation.
The Rhode Island Human Rights Commission oversees and enforces the state’s civil rights laws.
South Carolina
What are the protected classes in South Carolina? South Carolina does not offer extra protections to any groups not outlined in the Fair Housing Act.
The South Carolina Human Rights Commission handles housing discrimination complaints in South Carolina.
South Dakota
What are the protected classes in South Dakota? South Dakota has no further civil rights protections for other groups other than the 7 protected classes provided under the Fair Housing Act (FHA).
The Attorney General of the state is tasked with enforcing these standards though tenants can file a complaint with the federal Department of Housing and Urban Development.
Tennessee
What are the protected classes in Tennessee? Tennessee law does not have any extra protections for classes not outlined in the Fair Housing Act.
Housing discrimination cases in the state are handled by the Tennessee Human Rights Commission.
Texas
What are the protected classes in Texas? Texas state law does not extend protections to any extra groups not outlined in the Fair Housing Act.
Specific penalties vary on a case-by-case basis.
Issues related to housing discrimination are handled by the Texas Department of Housing and Community Affairs.
Utah
What are the protected classes in Utah? Other than the 7 protected classes under the Federal Fair Housing Act, Utah has extra-level protections based on sexual orientation, income source, and gender identity.
Housing discrimination cases are handled by the Utah Labor Commissions Antidiscrimination and Labor Division.
Vermont
What are the protected classes in Vermont? In addition to the 7 offered by the Federal Fair Housing Act, Vermont state law adds additional protections for tenants based on marital status, receipt of public assistance, age, sexual orientation, and gender identity.
Vermont Human Rights Commission handles housing discrimination cases in Vermont.
Virginia
What are the protected classes in Virginia? In addition to the 7 protections offered under the Federal Fair Housing Act, Virginia has one extra protection – age. But it only applies to tenants who are at least 55 years old.
Enforcement of the housing discrimination laws is done by the Virginia Fair Housing Board.
Washington
What are the protected classes in Washington? Besides the 7 protected classes under the Federal Fair Housing Act, Washington Law Against Discrimination also provides additional protections based on age, gender identity, sexual orientation, marital status, HIV/Hepatitis C status, Veteran/military status, age, and participation in a Section 8 Program.
The Washington State Law Against Discrimination is enforced by the Washington State Human Rights Commission (WSHRC).
Washington DC
What are the protected classes in Washington DC? In addition to the 7 protected classes under the Federal Fair Housing Act, extra protections in Washington DC include age, marital status, political affiliation, victim sexual orientation, gender identity or expression, persona appearance, or family member of a victim of domestic violence.
Some areas also recognize status as a victim of an intra-family offense, matriculation, and source of income.
Established in 1999, the D.C. Office of Human Rights Fair Housing program enforces the fair housing laws in the state.
West Virginia
What are the protected classes in West Virginia? West Virginia law does not enshrine any extra protection for groups outlined in the Fair Housing Act.
Cases regarding discrimination in housing within the state are handled by the West Virginia Human Rights Commission.
Wisconsin
What are the protected classes in Wisconsin? Aside from the 7 protected classes under the Federal Fair Housing Act (FHA), it also has extra protections based on sexual orientation, age, marital status, ancestry, and income source.
Housing discrimination cases within the state are handled by the Wisconsin Department of Workforce Development’s Equal Rights Division.
Wyoming
What are the protected classes in Wyoming? Wyoming does not offer any extra protections to groups not outlined in the Fair Housing Act.
The Equal Justice Wyoming handles housing discrimination cases in the state.
Other Sources: Mass.gov, Fair Housing History, Apartments.com, Georgia Legal Aid, Investopedia, HUD.
Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.
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Hi, I’m Kelvin Nielsen, an experienced landlord and accomplished real estate lawyer. My focus is on answering your questions about renting in the hopes of making your life as a renter or a landlord a bit easier.