Finding a place to call home should be a straightforward process, but for many, housing discrimination makes it unnecessarily challenging and unfair. If you’ve been denied housing or treated differently because of your race, religion, gender, disability, family status, or other protected characteristics, you may have experienced housing discrimination.
The good news is that the Fair Housing Act (FHA) and related laws exist to protect you. Understanding what constitutes discrimination and knowing how to take action are key to standing up for your rights. Here’s what you need to know.
What Is Housing Discrimination?
Housing discrimination occurs when landlords, property managers, real estate agents, or lenders treat you unfairly because of characteristics protected under the FHA. This federal law, enacted in 1968, prohibits discrimination based on:
- Race
- Color
- Religion
- National origin
- Gender
- Disability
- Familial status (such as having children or being pregnant)
Some states and municipalities also extend protections to additional categories like sexual orientation, gender identity, or source of income.
Discrimination doesn’t always look obvious. It can involve subtle actions or policies that make it harder for you to rent, buy, or secure financing for housing. For example, a landlord may falsely claim a unit is unavailable after meeting you but show it to someone else. Or a property manager might impose stricter income requirements on applicants of certain backgrounds.
Then there’s something known as “steering,” which is where a real estate agent might direct you toward or away from specific neighborhoods based on your race or religion. These practices are not only unethical – they’re illegal under federal law.
Recognizing the Signs of Discrimination
Housing discrimination can take many forms, some of which are easy to spot and others that are more subtle. Here are a few examples to watch for:
- Refusal to Rent or Sell: If a landlord or seller outright denies you a property while offering no clear reason—or gives a reason that seems questionable—they may be discriminating.
- Differential Treatment: If a landlord imposes different terms, like charging you a higher deposit or limiting your access to amenities compared to others, that could be discrimination.
- Discouragement or Steering: Real estate agents steering you away from certain areas or lenders discouraging you from applying for a loan may be engaging in illegal practices.
- Failure to Accommodate Disabilities: Landlords are required to make reasonable accommodations for tenants with disabilities, such as allowing service animals or modifying units to improve accessibility. Refusing these requests can be a form of discrimination.
If something feels off, trust your instincts and take note of the situation.
What to Do if You’ve Experienced Housing Discrimination
If you suspect you’ve been a victim of housing discrimination, it’s important to act quickly and take the following steps:
- Document Everything
Keep a detailed record of your interactions with the landlord, property manager, or agent. Save emails, text messages, and voicemails. Write down the dates and times of conversations, along with any specific statements made. If there were witnesses present, note their names and contact information.
- File a Complaint with HUD
The U.S. Department of Housing and Urban Development (HUD) handles complaints related to the Fair Housing Act. You can file a complaint online or contact your local HUD office for assistance. Be prepared to provide evidence and describe the discriminatory behavior in detail.
- Report to Local Authorities
Many states and cities have their own housing discrimination laws and enforcement agencies. Reporting to these local bodies can strengthen your case and expand the protections available to you.
- Hire a Consumer Protection Attorney
Navigating housing discrimination cases can be complex, and having a skilled attorney on your side can make a significant difference.
The Role of a Consumer Protection Attorney
Hiring a consumer protection attorney is one of the most effective steps you can take if you’ve experienced housing discrimination. An attorney can:
- Help you gather and organize evidence to build a strong case.
- Advise you on your rights and the best course of action based on your situation.
- File legal complaints or lawsuits on your behalf, ensuring deadlines and procedures are met.
- Negotiate settlements or represent you in court, if necessary.
Dealing with housing discrimination on your own can feel overwhelming, especially if you’re unfamiliar with the laws and processes involved. A consumer protection attorney takes that burden off your shoulders, allowing you to focus on finding housing while they handle the legal aspects.
Preventing Future Discrimination
While you can’t control others’ actions, there are steps you can take to protect yourself when seeking housing:
- Research Your Rights: Familiarize yourself with the FHA and any additional protections offered in your state or city. While basic rights are pretty standard across the board, every state has certain unique elements that you should account for.
- Ask Questions: If a landlord or agent makes a decision that seems unfair, ask for clarification in writing. Their response – or lack thereof – can be useful evidence. The more information you have on your side, the more likely it is that you can make a strong case for discrimination.
- Stay Vigilant: Be cautious about signing agreements with unclear terms or accepting verbal promises. Always request written documentation and keep very careful records.
Adding it All Up
Whether you’re renting or buying, every American has the right to be treated fairly and not discriminated against for factors they cannot control. As you search for your next housing option, make sure you know your rights and speak up for yourself if you feel like you’re being mistreated.
