- Fair Housing Laws: 50-State Survey
The federal Fair Housing Act prohibits discrimination nationwide against people with certain protected characteristics who are buying or renting a home. Characteristics protected by this law include race, color, religion, sex, familial status (including pregnancy), national origin, and handicap. (The U.S. Department of Housing and Urban Development announced in 2021 that sex discrimination under the FHA includes discrimination based on sexual orientation and gender identity.)
Under 42 U.S.C. Section 3604, some examples of prohibited housing discrimination include:
The FHA provides specific additional protections against handicap discrimination. It prohibits discriminating in sale or rental, or otherwise denying or making unavailable a dwelling, based on a handicap of the buyer or renter, someone associated with them, or someone who lives or intends to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. In addition, the FHA provides rules for reasonable modifications (structural changes) and reasonable accommodations (rule or policy changes) that allow a handicapped person to have an equal opportunity to use and enjoy a property. However, a dwelling does not need to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property.
Section 3603 contains certain exemptions. For example, protections other than the ban on discriminatory advertising do not apply to rooms or units in dwellings containing living quarters that are meant to be occupied by no more than four families if the owner maintains and occupies one of the living quarters as their residence. Nor do they apply to a single-family house sold or rented by an owner if certain conditions are met. Section 3607 provides that the prohibition against familial status discrimination does not apply to housing for older persons.
Section 3610 describes the process for filing a complaint of discrimination with the Department of Housing and Urban Development. A claimant has 1 year to file a complaint. Meanwhile, Section 3613 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
In addition, most states have enacted their own fair housing laws. These tend to resemble the FHA in some ways, but their scope may extend more broadly. For example, a state law may cover a greater range of protected characteristics than the FHA does. When the scope of the FHA and a state law differ, the more protective law applies.
This survey summarizes the main fair housing laws at the state level, including protected characteristics, examples of prohibited conduct, and exemptions from their coverage. Be aware that these laws are complex, and this survey does not capture all of their nuances. If you want to learn more, or if you think that you may have a claim, you can consult an attorney who is experienced in real estate, landlord-tenant, or consumer law. They can advise you on your rights and options under your specific circumstances.
Alabama Fair Housing Law
Protected characteristics include race, color, religion, sex, familial status (including pregnancy), national origin, and handicap.
Under Code of Alabama Section 24-8-4, some examples of prohibited housing discrimination include:
The statute provides specific additional protections against handicap discrimination. It prohibits discrimination in sale or rental, or otherwise denying or making unavailable a dwelling, based on a handicap of the buyer or renter, someone associated with them, or someone who lives or intends to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities. However, the law does not require a dwelling to be made available to someone whose occupancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property.
Section 24-8-7 contains several exemptions from the fair housing law. For example, other than the ban on discriminatory advertising, it does not apply to rooms or units in dwellings containing living quarters that are intended to be occupied by no more than four families when the owner occupies one of the living quarters as their residence. The fair housing law also does not apply to a single-family house sold or rented by an owner if certain conditions are met. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 24-8-12 describes the process for filing a complaint of discrimination with the Alabama Department of Economic and Community Affairs. A claimant has 180 days to file a complaint. Meanwhile, Section 24-8-14 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 1 year to bring a lawsuit.
Alaska Fair Housing Law
Protected characteristics include sex, marital status, changes in marital status, pregnancy, race, religion, disability, color, national origin (including ancestry), and age.
Under Alaska Statutes Section 18.80.240, some examples of prohibited housing discrimination include:
The statute notes that it does not prohibit the sale, lease, or rental of classes of property commonly known as housing for singles or married couples only. Moreover, Alaska regulations indicate that anti-discrimination provisions involving the lease or rental of property do not apply to renting a room in a dwelling unit when the landlord and tenant share common living areas, and the landlord actually occupies the dwelling unit as a resident.
Section 18.80.100 describes the process for filing a complaint of discrimination with the Alaska Commission for Human Rights. A claimant has 300 days to file a complaint. Meanwhile, Section 22.10.020 provides a process for bringing a civil lawsuit involving housing discrimination. A claimant has 2 years to bring a lawsuit.
Arizona Fair Housing Law
Protected characteristics include race, color, religion, sex (explicitly interpreted to include sexual orientation and gender identity), familial status (including pregnancy), national origin, and disability.
Under Arizona Revised Statutes Section 41-1491.14 and related statutes, some examples of prohibited housing discrimination include:
Section 41-1491.19 provides specific additional protections against disability discrimination. It prohibits discriminating in the sale or rental of a dwelling, or otherwise denying it or making it unavailable, based on a disability of the buyer or renter, someone associated with them, or someone residing in the dwelling or intending to reside there. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities. However, a dwelling does not need to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause serious damage to their property.
Section 41-1491.02 contains certain exemptions from the fair housing law. For example, it does not apply to the sale or rental of rooms or units in a dwelling that contains living quarters for no more than four families when the owner maintains and occupies one of the living quarters as their residence. It also does not apply to the sale or rental of a single-family house by an owner if certain conditions are met. Section 41-1491.04 provides that the prohibition against familial status discrimination does not apply to housing for older persons.
Section 41-1491.22 describes the process for filing a complaint of discrimination with the Arizona Attorney General. A claimant has 1 year to file a complaint. Meanwhile, Section 41-1491.31 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Arkansas Fair Housing Law
Protected characteristics include race, color, religion, sex, disability, familial status (including pregnancy), and national origin.
Under Section 16-123-310 and related statutes, some examples of prohibited housing discrimination include:
Section 16-123-314 provides specific additional protections against disability discrimination. It prohibits discriminating in sale or rental, or otherwise making unavailable or denying a dwelling, based on a disability of the buyer or renter, someone associated with them, or someone living or intending to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities. However, a dwelling does not need to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property.
Section 16-123-306 contains exemptions from these anti-discrimination laws. For example, other than the ban on discriminatory advertising, their protections do not apply to a single-family house sold or rented by an owner, or to rooms or units in dwellings containing living quarters that are meant to be occupied by no more than four families when the owner maintains and occupies one of the living quarters as their residence, if certain conditions are met. Section 16-123-307 provides that the prohibition against familial status discrimination does not apply to housing for older persons.
Section 16-123-317 describes the process for filing a complaint with the Arkansas Fair Housing Commission. A claimant has 1 year to file a complaint. Meanwhile, Section 16-123-336 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
California Fair Housing Law
Protected characteristics include race, color, religion, sex (including pregnancy), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status (also including pregnancy), source of income, disability, veteran or military status, and genetic information.
Under California Government Code Section 12955, some examples of prohibited housing discrimination include:
Section 12927 defines “discrimination” in the context of housing by providing numerous examples of what this prohibited conduct looks like. For example, it includes refusing to sell, rent, or lease a housing accommodation, refusing to negotiate for sale, rental, or lease, saying that a housing accommodation is not available for inspection, sale, or rental, or providing inferior terms, conditions, privileges, facilities, or services in connection with housing accommodations. The definition of “discrimination” also provides the rules for reasonable modifications and accommodations for people with disabilities.
Section 12927 notes that discrimination does not include refusing to rent or lease part of an owner-occupied single-family house to someone as a roomer or boarder living in the household if no more than one roomer or boarder will live in the household, and the owner does not engage in discriminatory advertising. It also does not include the use of words stating or tending to imply that housing being advertised is available only to people of one sex when the sharing of living areas in a single dwelling unit is involved. Section 12955.9 provides that the prohibition against familial status discrimination does not apply to housing for older persons. Section 12955 provides that it is not discrimination based on source of income to make a written or oral inquiry about the level or source of income.
Section 12980 describes the process for filing a complaint with the California Civil Rights Department. A claimant has 1 year to file a complaint. Meanwhile, Section 12989.1 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Colorado Fair Housing Law
Protected characteristics include disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, familial status (including pregnancy), religion, national origin, and ancestry.
Under Colorado Code Section 24-34-502, some examples of prohibited housing discrimination include:
The statute separately prohibits most of the actions described above when they are based on a person’s source of income and involve renting or leasing property, although these provisions do not apply to landlords with three or fewer units of housing for rent or lease.
Section 24-34-502.2 provides specific additional protections against disability discrimination. It prohibits discriminating in sale or rental, or otherwise making unavailable or denying a dwelling, based on a disability of a buyer or renter, someone associated with them, or someone who will live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities.
Section 24-34-502 contains certain exemptions. For example, the main anti-discrimination provisions do not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property. Provisions related to familial status do not apply to housing for older persons, or to a single-family house sold or rented by an owner if certain conditions are met. They also do not apply to rooms or units in dwellings containing living quarters that are intended to be occupied by no more than four families if the owner maintains and occupies one of the living quarters as their residence.
Section 24-34-306 describes the process for filing a charge of discrimination with the Colorado Civil Rights Division. A claimant has 1 year to file a charge. Meanwhile, Section 24-34-505.6 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative charge has been filed. A claimant has 2 years to bring a lawsuit.
Connecticut Fair Housing Law
Protected characteristics include race, creed, color, national origin, ancestry, sex (including pregnancy), sexual orientation or civil union status, gender identity or expression, marital status, age, disability, lawful source of income, familial status (also including pregnancy), status as a veteran, and erased criminal history record information.
Connecticut General Statutes Section 46a-64c covers most protected characteristics, while Section 46a-81e covers sexual orientation and civil union status, and Section 46a-80c covers erased criminal history record information. Under these statutes, some examples of prohibited housing discrimination include:
Section 46a-64c contains specific additional protections against disability discrimination. It prohibits discriminating in sale or rental, or otherwise denying or making unavailable a dwelling, based on a disability of a buyer or renter, someone associated with them, or someone living or intending to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities.
Section 46a-64c contains several exemptions. For example, this statute does not apply to the rental of rooms in a single-family dwelling unit when the owner actually maintains and occupies part of those living quarters as their residence. It also does not apply to a unit in a dwelling containing living quarters that are intended to be occupied by no more than two families if the owner actually maintains and occupies the other living quarters as their residence. Specific exemptions apply to anti-discrimination provisions involving marital status, age, familial status, lawful source of income, and sex.
Section 46a-81e provides that anti-discrimination protections involving sexual orientation or civil union status do not apply to the rental of rooms in a unit in a dwelling if the owner actually maintains and occupies part of the unit as their residence, or to a unit in a dwelling containing no more than four units if the owner actually maintains and occupies one of the other units as their residence.
Section 46a-80c provides that most of its protections cover the erased criminal history record information of a buyer or renter, someone associated with them, or someone living or intending to live in the dwelling. This statute contains the same exceptions as Section 46a-81e.
Section 46a-82 describes the process for filing a complaint of discrimination with the Connecticut Commission on Human Rights and Opportunities. A claimant has 300 days to file a complaint. Meanwhile, Section 46a-98a provides a process for bringing a civil lawsuit involving housing discrimination. A claimant has 1 year to bring a lawsuit.
Delaware Fair Housing Law
Protected characteristics include race, color, national origin, religion, creed, sex, marital status, familial status (including pregnancy), source of income, age, sexual orientation, gender identity, and disability.
Under 6 Delaware Code Section 4603, some examples of prohibited housing discrimination include:
The statute covers a protected characteristic of a buyer or renter, any person associated with them, and anyone who is residing or intending to reside in the dwelling. Section 4603A provides specific additional protections against disability discrimination, such as requirements for reasonable modifications and accommodations for people with disabilities.
Sections 4603 and 4603A provide an exemption from making a dwelling available to a person with a disability if their tenancy would pose a direct threat to the health or safety of others, or would result in significant damage to their property. Section 4607 contains further exemptions for certain situations. For example, it provides that anti-discrimination protections, other than the ban on discriminatory advertising, do not apply to rentals of rooms or units in dwellings containing living quarters that are intended to be occupied by no more than four families when the owner actually maintains and occupies one of the living quarters as their residence. Anti-discrimination protections regarding familial status or age do not apply to housing for older persons.
Section 4610 describes the process for filing a complaint of discrimination with the Delaware Division of Human and Civil Rights. A claimant has 1 year to file a complaint. Meanwhile, Section 4613 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Florida Fair Housing Law
Protected characteristics include race, color, national origin, sex (explicitly interpreted to include sexual orientation and gender identity), disability, familial status (including pregnancy), and religion.
Under Florida Statutes Section 760.23, some examples of prohibited housing discrimination include:
The statute provides specific additional protections against disability discrimination. It prohibits discriminating in sale or rental, or otherwise denying or making unavailable a dwelling, based on a disability of a buyer or renter, someone associated with them, or someone living or intending to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related facilities or services. The statute also provides rules for reasonable modifications and accommodations for people with disabilities.
Section 760.29 contains certain exemptions from the anti-discrimination provisions. For example, the law does not apply to rooms or units in dwellings containing living quarters that are intended to be occupied by no more than four families if the owner actually maintains and occupies one of the living quarters as their residence. Most of the anti-discrimination provisions do not apply to a single-family house sold or rented by its owner if certain conditions are met. The law also does not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of someone else, or would cause substantial damage to their property. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 760.34 describes the process for filing a complaint of discrimination with the Florida Commission on Human Relations. A claimant has 1 year to file a complaint. Meanwhile, Section 760.35 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Georgia Fair Housing Law
Protected characteristics include race, color, religion, sex, disability, familial status (including pregnancy), and national origin.
Under Georgia Code Section 8-3-202, some examples of prohibited housing discrimination include:
Georgia regulations further prohibit evicting a tenant based on a protected characteristic, or based on a protected characteristic of a guest, among other forms of misconduct.
Section 8-3-202 provides specific additional protections against disability discrimination. It prohibits discriminating in sale or rental, or otherwise making unavailable or denying a dwelling, based on a disability of a buyer or renter, someone associated with them, or someone living or intending to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities.
Section 8-3-202 also contains certain exemptions. For example, other than the ban on discriminatory advertising, it does not apply to rooms or units in dwellings that contain living quarters intended to be occupied by no more than four families when the owner actually maintains and occupies one of the living quarters as their residence. Other than the ban on discriminatory advertising, it does not apply to a single-family dwelling sold or rented by an owner if certain conditions are met. The fair housing law does not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property. Section 8-3-205 provides that the prohibition against familial status discrimination does not apply to housing for older persons.
Section 8-3-208 describes the process for filing a complaint of discrimination with the Georgia Commission on Equal Opportunity. A claimant has 1 year to file a complaint. Meanwhile, Section 8-3-217 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Hawaii Fair Housing Law
Protected characteristics include race, sex, gender identity or expression, sexual orientation, color, religion, marital status, familial status (including pregnancy), ancestry, disability, age, and HIV infection.
Under Hawaii Revised Statutes Section 515-3, some examples of prohibited housing discrimination include:
The statute also provides more specific rules for HIV testing and for reasonable modifications and accommodations for people with disabilities.
Section 515-4 lists certain exemptions from the fair housing law. For example, it does not apply to the rental of a housing accommodation in a building that contains accommodations for up to two families when the owner or landlord lives in one of the accommodations. It also does not apply to the rental of up to four rooms in a housing accommodation if the owner or landlord lives in the accommodation. Protections against discrimination based on familial status and age do not apply to housing for older persons.
Section 368-11 describes the process for filing a complaint of discrimination with the Hawaii Civil Rights Commission. A claimant has 180 days to file a complaint. Meanwhile, Section 515-9 provides a process for bringing a civil lawsuit involving housing discrimination, which is not precluded by the administrative process. A claimant has 2 years to bring a lawsuit.
Idaho Fair Housing Law
Protected characteristics include race, color, religion, sex, national origin (including ancestry), and disability.
Under Idaho Code Section 67-5909, some examples of prohibited housing discrimination include:
The statute also prohibits the refusal of reasonable modifications for a person with a disability. The prohibition against disability discrimination also protects people who are associated with a person with a disability.
Section 67-5910 contains certain exceptions to the fair housing law. For example, it does not apply to the rental of a housing accommodation in a building that contains housing accommodations for no more than two families if the landlord or their family member lives in one of the housing accommodations. It also does not apply to the rental of rooms in a housing accommodation by an individual if that person or their family member lives there.
Section 67-5907 describes the process for filing a complaint of discrimination with the Idaho Commission on Human Rights. A claimant has 1 year to file a complaint. Meanwhile, Section 67-5908 provides a process for bringing a civil lawsuit involving housing discrimination, which a claimant can trigger by requesting the dismissal of the administrative complaint. A claimant then has 90 days after a notice of administrative dismissal is issued to file a lawsuit.
Illinois Fair Housing Law
Protected characteristics include race, color, religion, national origin, ancestry, age (40 and older), sex, marital status, order of protection status, disability, military status, sexual orientation (including gender-related identity), pregnancy, unfavorable discharge from military service, familial status, source of income, and arrest record.
Under 775 Illinois Compiled Statutes Section 5/3-102, some examples of prohibited housing discrimination include:
Section 5/3-102.1 provides specific additional protections against disability discrimination. It prohibits refusing to sell or rent, or denying or making unavailable a dwelling, based on a disability of the buyer or renter, someone associated with them, or someone residing or intending to reside in the dwelling. A parallel provision covers alterations of the terms, conditions, or privileges of sale or rental, or the provision of related services or facilities. Section 5/3-102.1 also contains rules for reasonable modifications and accommodations for people with disabilities. However, the protections in this statute do not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or cause substantial damage to their property.
Section 5/3-106 contains some exemptions from the protections in Section 5/3-102. For example, other than the ban on discriminatory advertising, Section 5/3-102 does not apply to rentals of housing accommodations in buildings that contain housing accommodations for no more than four families when the owner lives in one of the housing accommodations. Similarly, other than the ban on discriminatory advertising, Section 5/3-102 does not apply to the sale of a single-family home by its owner if certain conditions are met. Section 5/3-102 does not apply to the rental of rooms in a private home by an owner if they live there or a family member lives there, or while the owner or their family member is absent for up to 12 months if they intend to return. The rental of rooms in a housing accommodation may be restricted to people of one sex. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 5/7B-102 describes the process for filing a charge of discrimination with the Illinois Department of Human Rights. A claimant has 1 year to file a charge. Meanwhile, Section 5/10-102 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative charge has been filed. A claimant has 2 years to bring a lawsuit.
Indiana Fair Housing Law
Protected characteristics include race, color, religion, sex, familial status (including pregnancy), national origin, and disability.
Under Indiana Code Section 22-9.5-5-1 and related statutes, some examples of prohibited housing discrimination include:
Section 22-9.5-5-5 provides specific additional protections against disability discrimination. It prohibits discriminating in sale or rental, or denying or making unavailable a dwelling, based on a disability of the buyer or renter, someone associated with them, or someone residing or intending to reside in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also contains rules for reasonable modifications and accommodations for people with disabilities. However, it does not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property.
Section 22-9.5-3-1 and related statutes provide certain exemptions from these protections. For example, the fair housing law does not apply to the sale or rental of rooms or units in a dwelling containing living quarters that are meant to be occupied by no more than four families when the owner maintains and occupies one of the living quarters as their residence. The sale or rental of a single-family house by its owner is exempt if certain conditions are met. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 22-9.5-6-1 describes the process for filing a complaint of discrimination with the Indiana Civil Rights Commission. A claimant has 1 year to file a complaint. Meanwhile, Section 22-9.5-7-1 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 1 year to bring a lawsuit.
Iowa Fair Housing Law
Protected characteristics include race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, and familial status (including pregnancy).
Under Iowa Code Section 216.8 and related statutes, some examples of prohibited housing discrimination include:
Moreover, Section 216.8 prohibits discriminating against someone who leases or purchases a property or housing accommodation based on the race, color, creed, religion, sex, sexual orientation, gender identity, disability, age, or national origin of people who are occasionally present on the property for lawful purposes due to an invitation of the tenant or owner.
Section 216.8A provides specific additional protections against disability discrimination. It prohibits discriminating in sale or rental, or denying or making unavailable a dwelling, based on a disability of the buyer or renter, someone associated with them, or someone who resides or intends to reside in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, as well as providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for disabilities. However, it does not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of other people, or would cause substantial damage to their property.
Section 216.12 contains certain exemptions from the fair housing law. For example, other than the ban on discriminatory advertising, it does not apply to the rental or lease of a dwelling in a building that contains housing accommodations for no more than two families if the owner lives in one of the housing accommodations, or to the rental or lease of a housing accommodation in a building that contains housing accommodations for no more than four families if the owner lives in one of the accommodations and qualifies for a homestead tax credit. Similarly, other than the ban on discriminatory advertising, it does not apply to the rental or lease of less than four rooms in a single dwelling by the occupant or owner if they live there.
The prohibition against sex discrimination does not apply to the rental, leasing, or subleasing of a dwelling in which residents of both sexes would share a living area. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 216.15 describes the process for filing a complaint of discrimination with the Iowa Civil Rights Commission. A claimant has 300 days to file a complaint. Meanwhile, Section 216.16A provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Kansas Fair Housing Law
Protected characteristics include race, religion, color, sex (explicitly interpreted to include sexual orientation and gender identity), disability, familial status, national origin, and ancestry.
Under Kansas Statutes Section 44-1016, some examples of prohibited housing discrimination include:
The statute provides specific additional protections against disability discrimination. It prohibits discrimination in a sale or rental, or otherwise denying or making residential real property unavailable, based on a disability of the buyer or renter, someone associated with them, or someone who lives or intends to live in the property. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for disabilities. However, the disability discrimination prohibitions do not require a residential property to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or cause substantial damage to their property.
Section 44-1018 contains certain exceptions to the fair housing law. For example, other than the ban on discriminatory advertising, it does not apply to rooms or units in buildings containing living quarters that are intended to be occupied by no more than four families when the owner actually maintains and occupies one of the living quarters as their residence. Similarly, other than the ban on discriminatory advertising, it does not apply to the sale or rental of a single-family house by an owner if certain conditions are met. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 44-1019 describes the process for filing a complaint of discrimination with the Kansas Human Rights Commission. A claimant has 1 year to file a complaint. Meanwhile, Section 44-1021 provides a process for bringing a civil lawsuit involving housing discrimination. A claimant has 2 years to bring a lawsuit.
Kentucky Fair Housing Law
Protected characteristics include race, color, religion, sex (explicitly interpreted to include sexual orientation and gender identity), familial status (including pregnancy), disability, and national origin.
Under Kentucky Revised Statutes Section 344.360, some examples of prohibited housing discrimination include:
The statute provides specific additional protections against disability discrimination. It prohibits discrimination in sale or rental, or denying or making unavailable a housing accommodation, based on the disability of the buyer or renter, someone associated with them, or someone living or intending to live in the housing accommodation. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental of a dwelling, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities. However, it does not require a housing accommodation to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property.
Section 344.365 contains certain exemptions from the fair housing law. For example, the law does not apply to the rental of a housing accommodation in a building that contains housing accommodations for no more than two families when the owner or a family member lives in one of the accommodations, or to the rental of one room or rooming unit in a housing accommodation by an individual if that person or their family member lives there. The law also does not apply to a private individual homeowner disposing of their property through a private sale without a real estate broker and without advertising or public display. The prohibition against familial status discrimination does not apply to housing for older persons. Section 344.362 contains certain exemptions from the prohibition against sex discrimination.
Section 344.600 describes the process for filing a complaint of discrimination with the Kentucky Commission on Human Rights. A claimant has 1 year to file a complaint. Meanwhile, Section 344.650 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Louisiana Fair Housing Law
Protected characteristics include race, color, religion, sex, disability, familial status (including pregnancy), national origin, and natural, protective, or cultural hairstyle.
Under Louisiana Revised Statutes Section 51:2606, some examples of prohibited housing discrimination include:
The statute provides specific additional protections against disability discrimination. It prohibits discrimination in sale or rental, or denying or making unavailable a dwelling, based on a disability of the buyer or renter, someone associated with them, or someone living or intending to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities. However, it does not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property.
Section 51:2604 contains certain exemptions from the fair housing law. For example, it does not apply to rooms or units in dwellings containing living quarters that are intended to be occupied by no more than four families if the owner actually maintains and occupies one of the living quarters as their residence. It also does not apply to single-family houses sold or rented by an owner if certain conditions are met. Section 51:2605 provides that the prohibition against familial status discrimination does not apply to housing for older persons.
Section 51:2611 describes the process for filing a complaint of discrimination with the Louisiana Attorney General. A claimant has 1 year to file a complaint. Meanwhile, Section 51:2613 provides a process for bringing a civil lawsuit involving housing discrimination. A claimant has 2 years to bring a lawsuit if no administrative complaint has been filed.
Maine Fair Housing Law
Protected characteristics include race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry, national origin, familial status (including pregnancy), and status as a domestic abuse order of protection recipient.
Under 5 Maine Revised Statutes Section 4581-A, some examples of prohibited housing discrimination include:
The statute also provides that someone providing rental premises cannot refuse to rent or impose different terms of tenancy to someone who is receiving public assistance primarily because of their status as a recipient. Section 4582-A provides specific additional protections against disability discrimination, such as rules for reasonable modifications and accommodations for people with disabilities.
Section 4581 provides some exemptions from the fair housing law. For example, many protections under the law do not apply to the rental of a one-family unit in a two-family dwelling when the owner occupies the other unit, or to the rental of four or fewer rooms of a one-family dwelling that is occupied by the owner. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 4611 describes the process for filing a complaint of discrimination with the Maine Human Rights Commission. A claimant has 300 days to file a complaint. Meanwhile, Section 4621 provides a process for bringing a civil lawsuit involving housing discrimination. A claimant has 2 years to bring a lawsuit.
Maryland Fair Housing Law
Protected characteristics include race, color, religion, sex, disability, marital status, familial status (including pregnancy), sexual orientation, gender identity, national origin, and source of income.
Under Maryland State Government Code Section 20-705, some examples of prohibited housing discrimination include:
Maryland regulations specifically prohibit evicting a tenant based on a protected characteristic, in addition to other forms of misconduct.
Section 20-706 provides specific additional protections against disability discrimination. It prohibits discrimination in the sale or rental of a dwelling, or denying or making unavailable the dwelling, based on a disability of the buyer or renter or someone living or intending to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of the sale or rental of a dwelling, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities.
Section 20-703 provides that the fair housing law does not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or cause substantial damage to their property. Meanwhile, Section 20-704 provides that the law does not apply to the sale or rental of a single-family dwelling in certain circumstances. It also provides that the prohibition against familial status discrimination does not apply to housing for older persons, and it limits the prohibition against discrimination based on source of income. The prohibitions against discrimination based on sex, sexual orientation, gender identity, marital status, and (sometimes) source of income do not apply to the rental of rooms in a dwelling that the owner maintains as their principal residence, or to the rental of an apartment in a dwelling that contains no more than five rental units if the owner maintains the dwelling as their principal residence.
Section 20-1021 describes the process for filing a complaint of discrimination with the Maryland Commission on Civil Rights. A claimant has 1 year to file a complaint. Meanwhile, Section 20-1035 provides a process for bringing a civil lawsuit involving housing discrimination. A claimant has 2 years to bring a lawsuit, although it may be brought no sooner than 130 days after an administrative complaint is filed under Section 20-1021.
Massachusetts Fair Housing Law
Protected characteristics include race, religious creed, color, national origin, sex, gender identity, sexual orientation, age (40 and older), genetic information, ancestry, children, marital status, military or veteran status, and handicap.
Under Massachusetts General Laws Chapter 151B Section 4, some examples of prohibited housing discrimination include:
Most of these protections appear in two largely parallel subsections of Section 4, which apply to different types of housing. Section 1 in Chapter 151B defines these types. Anti-discrimination provisions related to handicap under each of these subsections include rules for reasonable modifications and accommodations for people with disabilities.
The statute also contains several other provisions related to housing discrimination. For example, a provision prohibits publishing a notice, statement, or ad regarding the sale or rental of certain covered housing accommodations that indicates a preference, limitation, or discrimination based on race, color, religion, sex, gender identity, sexual orientation, national origin, genetic information, ancestry, children, marital status, the receipt of public benefits, or a handicap. Under another provision in the statute, a person providing rental accommodations cannot discriminate against anyone who is receiving federal, state, or local public assistance, or is a tenant receiving federal, state, or local housing subsidies.
The statute also prohibits inducing or preventing the sale, purchase, or rental of a dwelling by making representations about the entry or prospective entry into the neighborhood of someone of a particular age, race, color, religion, sex, gender identity, national or ethnic origin, economic level, or handicap, or a person with a child. Another provision specifically prohibits sexual harassment of current and prospective tenants and purchasers.
A handful of exemptions apply to various fair housing provisions. For example, some provisions do not apply to a lease of a single apartment or flat in a two-family dwelling when the owner occupies the other unit as their residence. The prohibition against discrimination based on having a child does not apply to leasing a single-family dwelling, a single apartment, or a single unit of a condominium or housing cooperative by the owner of the dwelling, apartment, or unit if they typically occupy it as their principal residence and will be gone for no more than one year.
Section 5 describes the process for filing a complaint of discrimination with the Massachusetts Commission Against Discrimination. A claimant has 300 days to file a complaint. Meanwhile, Section 9 provides a process for bringing a civil lawsuit involving housing discrimination. A claimant has 1 year to bring a lawsuit if no administrative complaint has been filed.
Michigan Fair Housing Law
Protected characteristics include religion, race, color, national origin (including ancestry), age, sex, sexual orientation, gender identity or expression, familial status (including pregnancy), marital status, and disability.
Under Michigan Compiled Laws Section 37.2502, which covers protected characteristics other than disability, some examples of prohibited housing discrimination include:
The statute covers not only the protected characteristics of buyers and renters but also the protected characteristics of people living with them. Section 37.2503 provides several exemptions from these anti-discrimination protections. For example, they do not apply to renting a housing accommodation in a building that contains housing accommodations for no more than two families when the owner or someone in their immediate family lives in one of the accommodations. They also do not apply to renting rooms in a single-family dwelling if the landlord or someone in their immediate family lives there. An owner or lessor who rents a housing accommodation for no more than 12 months is exempt if they occupied the accommodation and maintained it as their home for the preceding three months, and it is maintained as their legal residence. The prohibitions against age and familial status discrimination do not apply to housing for older persons.
Section 37.1502 covers disability discrimination in housing. Prohibited acts largely parallel those identified by the general provisions in Section 37.2502. Covered disabilities include those of a buyer or renter, someone associated with them, and anyone living or intending to live in the dwelling. The disability must be unrelated to their ability to acquire, rent, or maintain property. Section 37.1503 provides the same exemptions as Section 37.2503 for housing accommodations for no more than two families and rooms in a single-family dwelling. Section 37.1506a provides rules for reasonable modifications and accommodations for disabilities.
Michigan regulations describe the process for filing a complaint of discrimination with the Michigan Department of Civil Rights. A claimant has 180 days to file a complaint. Meanwhile, Section 37.2801 and Section 37.1606 (for disability discrimination) provide a process for bringing a civil lawsuit involving housing discrimination. A claimant has 3 years to bring a lawsuit.
Minnesota Fair Housing Law
Protected characteristics include race (including hairstyles), color, creed, religion, national origin (including ancestry), sex (including pregnancy), marital status, status with regard to public assistance, disability, sexual orientation (including gender identity), and familial status (also including pregnancy).
Under Minnesota Statutes Section 363A.09, some examples of prohibited housing discrimination include:
The statute provides that the anti-discrimination protections do not prevent the adoption of reasonable rules to protect the safety of minors in their use of the property or related facilities or services.
Section 363A.10 provides the rules for reasonable modifications and accommodations for disabilities. It notes that these protections do not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property.
Section 363A.21 contains some further exemptions. The fair housing law does not apply to sex discrimination regarding rooms in a temporary or permanent residence home run by a non-profit organization, or to sexual orientation (or gender identity) discrimination regarding the rental by a resident owner of a unit in a dwelling containing no more than two units. Protections against discrimination based on sex, marital status, public assistance, sexual orientation (including gender identity), and disability do not apply to the rental by a resident owner or occupier of a one-family accommodation of rooms in the accommodation. Protections against familial status discrimination do not apply to housing for elderly persons or to owner-occupied buildings containing four or fewer dwelling units.
Section 363A.28 describes the process for filing a charge of discrimination with the Minnesota Department of Human Rights. A claimant has 1 year to file a charge. Meanwhile, Section 363A.33 provides a process for bringing a civil lawsuit involving housing discrimination. A claimant has 1 year to bring a lawsuit directly to district court.
Mississippi Fair Housing Law
Protected characteristics under a very narrow law include race, religious principles, color, sex, national origin, ancestry, and handicap.
Under Mississippi Code Section 43-33-723, the Mississippi Home Corporation, as well as qualified sponsors and lenders, cannot discriminate based on a protected characteristic in connection with a housing development or eligible loan. The statute also provides that discrimination based on age or having children is prohibited in the admission to a housing project or continuance of occupancy in a housing project receiving assistance under the Mississippi Home Corporation Act, with some exceptions.
Otherwise, Mississippi residents can assert their rights under the federal Fair Housing Act.
Missouri Fair Housing Law
Protected characteristics include race, color, religion, national origin, ancestry, sex, disability, and familial status (including pregnancy).
Under Missouri Revised Statutes Section 213.040, some examples of prohibited housing discrimination include:
The statute provides specific additional protections against disability discrimination. It prohibits discrimination in sale or rental based on a disability of the buyer or renter, someone associated with them, or someone living or intending to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services and facilities. The statute also provides rules for reasonable modifications and accommodations for disabilities.
The fair housing law does not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property. The prohibition against familial status discrimination does not apply to housing for older persons.
Other than the ban on discriminatory advertising, the fair housing law does not apply to rooms or units in dwellings containing living quarters that are intended to be occupied by no more than four families if the owner actually maintains and occupies one of the living quarters as their residence. Similarly, other than the ban on discriminatory advertising, the law does not apply to the sale or rental of a single-family house by a private individual owner in certain circumstances.
Missouri regulations describe the process for filing a complaint of discrimination with the Missouri Commission on Human Rights. A claimant has 180 days to file a complaint. Meanwhile, Section 213.111 provides a process for bringing a civil lawsuit involving housing discrimination if the claimant asks for a right-to-sue letter. A claimant has 90 days to bring a lawsuit after the date of the letter, but no more than 2 years after the discrimination.
Montana Fair Housing Law
Protected characteristics include sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, and national origin (including ancestry).
Under Montana Code Section 49-2-305, some examples of prohibited housing discrimination include:
The statute provides specific additional protections against disability discrimination. It prohibits discrimination in sale, rental, or availability, as well as in the terms, conditions, or privileges of a sale or rental or in providing related services or facilities. Covered disabilities include the disability of a buyer or renter, someone associated with them, or someone living or intending to live in the property. The statute also provides rules for reasonable modifications and accommodations for people with disabilities.
Other than the ban on discriminatory advertising, the prohibitions listed above do not apply to the rental of sleeping rooms in a private residence designed for single-family occupancy when the owner also lives there and rents no more than three sleeping rooms in the residence. Similarly, other than the ban on discriminatory advertising, they do not apply to age and familial status discrimination involving rooms or units in dwellings containing living quarters that are meant to be occupied by no more than two families if the owner actually maintains and occupies one of the living quarters as their residence. Prohibitions against age and familial status discrimination do not apply to housing for older persons.
Section 49-2-510 describes the process for filing a complaint of discrimination with the Montana Department of Labor and Industry. A claimant has 180 days to file a complaint. Meanwhile, the statute also provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Nebraska Fair Housing Law
Protected characteristics include race, color, religion, national origin, disability, familial status (including pregnancy), and sex (explicitly interpreted to include sexual orientation and gender identity).
Under Nebraska Revised Statutes Section 20-318, some examples of prohibited housing discrimination include:
Section 20-319 provides specific additional protections against disability discrimination. This statute forbids discriminating in sale or rental, or denying or making unavailable a dwelling, based on a disability of the buyer or renter, anyone associated with them, or anyone living or intending to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for disabilities. However, it does not require a dwelling to be made available to someone whose tenancy poses a direct threat to the health and safety of others, or would cause substantial damage to their property.
Section 20-322 contains certain exemptions from the fair housing laws. For example, the law does not prevent someone from refusing to rent rooms in their own home for any reason or no reason, unless they are making more than four sleeping rooms available for rental or occupancy. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 20-326 describes the process for filing a complaint of discrimination with the Nebraska Equal Opportunity Commission. A claimant has 1 year to file a complaint. Meanwhile, Section 20-342 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Nevada Fair Housing Law
Protected characteristics include race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status (including pregnancy), and sex.
Under Nevada Revised Statutes Section 118.100, some examples of prohibited housing discrimination include:
Section 118.101 provides rules for reasonable modifications and accommodations for disabilities.
Section 118.060 contains certain exceptions to the fair housing law. For example, it generally does not apply to rooms or units in dwellings containing living quarters that are intended to be occupied by no more than four families when the owner actually maintains and occupies one of the living quarters as their residence. It also does not apply to a single-family house sold or rented by an owner if certain conditions are met.
Section 233.160 describes the process for filing a complaint of discrimination with the Nevada Equal Rights Commission. A claimant has 1 year to file a complaint. Meanwhile, Section 118.120 provides a process for bringing a civil lawsuit involving housing discrimination. A claimant has 1 year to bring a lawsuit.
New Hampshire Fair Housing Law
Protected characteristics include age, sex, gender identity, race, religion, color, marital status, familial status (including pregnancy), physical or mental disability, national origin (including ancestry), and sexual orientation.
Under New Hampshire Revised Statutes Section 354-A:10, some examples of prohibited housing discrimination include:
While most of these provisions do not explicitly refer to sexual orientation discrimination, Section 354-A:8 establishes the right to equal housing opportunity and provides that no person will be denied the benefit of the rights provided by that statute based on their sexual orientation.
Section 354-A:11 provides specific additional protections against disability discrimination. It prohibits refusing to sell or rent a dwelling, or otherwise denying it or making it unavailable, based on a disability of the buyer or renter, someone associated with them, or someone living or intending to live in the dwelling. A parallel provision covers alterations in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for disabilities. However, it does not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property.
Section 354-A:15 contains certain exemptions from the fair housing law. For example, most of its core provisions do not apply to the rental of a housing accommodation in a building containing housing accommodations for no more than four families if the owner lives in one of the housing accommodations. Another exemption covers the rental of rooms in a private home by an owner if the owner or a family member lives there, or while they are absent for no more than a year if they intend to return. A sale of a single-family home by its owner is exempt from most of the core fair housing provisions if it meets certain conditions. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 354-A:21 describes the process for filing a complaint of discrimination with the New Hampshire Commission for Human Rights. A claimant has 180 days to file a complaint. Meanwhile, Section 354-A:21-a provides a process for bringing a civil lawsuit involving housing discrimination. A claimant generally may bring a lawsuit no sooner than 180 days after filing a complaint with the Commission, but no later than 3 years after the discrimination.
New Jersey Fair Housing Law
Protected characteristics include race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, familial status, disability, liability for military service, nationality, and source of lawful income.
Under New Jersey Revised Statutes Section 10:5-12, some examples of prohibited housing discrimination include:
The statute also prohibits refusing to rent or lease a property because the tenant’s family includes children under 18, as well as making an agreement, rental, or lease that provides that it will be nullified upon the birth of a child.
New Jersey Administrative Code Section 13:13-3.4 provides specific additional protections against disability discrimination. These include rules for reasonable modifications and accommodations for people with disabilities. Section 13:13-3.5 prohibits evicting a tenant based on their disability or association with a person with a disability.
New Jersey Revised Statutes Section 10:5-5 contains certain exemptions from the fair housing law. For example, with the exception of publicly assisted housing accommodations, it does not apply to the rental of a single apartment or flat in a two-family dwelling when the owner occupies the other unit as their residence. Similarly, with the exception of publicly assisted housing accommodations, it does not apply to the rental of rooms by the owner or occupant of a one-family dwelling when the owner or occupant occupies it as their residence. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 10:5-13 describes the process for filing a complaint of discrimination with the New Jersey Division on Civil Rights. A claimant has 180 days to file a complaint. Meanwhile, the statute also provides a process for bringing a civil lawsuit involving housing discrimination without first filing an administrative complaint. A claimant has 2 years to bring a lawsuit.
New Mexico Fair Housing Law
Protected characteristics include race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation, and physical or mental handicap.
Under New Mexico Statutes Section 28-1-7, some examples of prohibited housing discrimination include:
Section 28-1-9 contains certain exemptions from the fair housing law. For example, it does not apply to a single-family dwelling that is sold, leased, or rented by an owner without making a notice, statement, or ad that indicates a preference, limitation, or discrimination based on race, color, religion, national origin, ancestry, sex, sexual orientation, or gender identity, if certain conditions are met. The law also does not apply to rooms or units in dwellings containing living quarters that are intended to be occupied by no more than four families if the owner actually maintains and occupies one of the living quarters as their residence.
Section 28-1-10 describes the process for filing a complaint of discrimination with the New Mexico Human Rights Bureau. A claimant has 300 days to file a complaint. Meanwhile, the statute also provides an option to have a trial in court instead of an administrative hearing if the claimant asks for a waiver of their right to a hearing within 60 days of receiving service of written notice of a probable cause determination. A claimant has 90 days to request a trial in court after the waiver is served. (In addition, New Mexico regulations allow a claimant to receive an order of non-determination from the Bureau upon request before a determination is issued, which gives them the opportunity to proceed in court. Again, they have 90 days to file in court after the order is served.)
New York Fair Housing Law
Protected characteristics include race, creed, color, national origin (including ancestry), citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, domestic violence victim status, lawful source of income, and familial status (including pregnancy).
Under New York Executive Law Section 296, some examples of prohibited housing discrimination include:
The statute also provides rules for reasonable modifications and accommodations for people with disabilities.
However, the statute contains certain exceptions. For example, other than the ban on discriminatory advertising, the fair housing protections listed above do not apply to the rental of a housing accommodation in a building that contains accommodations for no more than two families if the owner lives in the other housing accommodation. These protections do not apply to the rental of rooms in a housing accommodation by its occupant, or by its owner if they live there. They do not bar the restriction of the rental of all the rooms in a housing accommodation to people of the same sex. Additional exceptions apply to the prohibitions against age and familial status discrimination.
A separate subsection of the statute applies specifically to publicly assisted housing accommodations. Another subsection prohibits acting adversely based on certain types of criminal history toward someone in housing, among other areas.
Section 297 describes the process for filing a complaint of discrimination with the New York State Division of Human Rights. A claimant has 3 years to file a complaint for a claim arising on February 15, 2024 or later. (The time period previously was 1 year.) Meanwhile, the statute also provides a process for bringing a civil lawsuit involving housing discrimination if an administrative complaint has not been filed, or if it has been dismissed on various grounds. A claimant has 3 years to bring a lawsuit.
North Carolina Fair Housing Law
Protected characteristics include race, color, religion, sex, national origin, handicapping condition, and familial status (including pregnancy).
Under North Carolina General Statutes Section 41A-4, some examples of prohibited housing discrimination include:
The statute also provides rules for reasonable modifications and accommodations for people with handicaps. Protections against discrimination based on a handicapping condition apply to a buyer or renter, someone associated with them, and someone living or intending to live in the dwelling.
Section 41A-6 provides certain exemptions. For example, other than the ban on discriminatory advertising, the fair housing law does not apply to the rental of a housing accommodation in a building that contains accommodations for no more than four families when the landlord or a family member lives in one of the accommodations. Similarly, other than the ban on discriminatory advertising, it does not apply to the rental of rooms in a private house if the landlord or a family member lives there. The fair housing law does not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 41A-7 describes the process for filing a complaint of discrimination with the North Carolina Human Relations Commission. A claimant has 1 year to file a complaint. Meanwhile, the statute also provides a process for bringing a civil lawsuit involving housing discrimination in a situation in which the Commission is authorized to issue a right-to-sue letter. A claimant has 1 year to bring a lawsuit after the right-to-sue letter is issued.
North Dakota Fair Housing Law
Protected characteristics include race, color, religion, sex (explicitly interpreted to include sexual orientation and gender identity), disability, age, familial status (including pregnancy), national origin, marital status, and public assistance recipient status.
Under North Dakota Century Code Chapter 14-02.5, some examples of prohibited housing discrimination include:
The law provides specific additional protections against disability discrimination. It prohibits discrimination in sale or rental, or denying or making unavailable a dwelling, based on the disability of a buyer or renter, someone associated with them, or someone who lives or intends to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. This code section also provides rules for reasonable modifications and accommodations for people with disabilities. However, it does not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property.
The fair housing law contains certain exemptions. For example, other than the ban on discriminatory advertising, it does not apply to the sale or rental of rooms or units in a dwelling containing living quarters that are meant to be occupied by no more than four families if the owner maintains and occupies one of the living quarters as their residence. The sale or rental of a single-family house by its owner may be exempt if certain requirements are met. The fair housing law does not prevent a landlord from refusing to rent a dwelling to two unrelated people of opposite gender who are unmarried. The prohibitions against age and familial status discrimination do not apply to housing for elderly people.
Chapter 14-02.5 describes the process for filing a complaint of discrimination with the North Dakota Department of Labor and Human Rights. A claimant has 1 year to file a complaint. Meanwhile, the chapter also provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Ohio Fair Housing Law
Protected characteristics include race, color, religion, sex (explicitly interpreted to include sexual orientation and gender identity), military status, familial status (including pregnancy), ancestry, disability, and national origin.
Under Ohio Revised Code Section 4112.02, some examples of prohibited housing discrimination include:
The statute provides specific additional protections against disability discrimination. It prohibits discriminating in sale or rental, or otherwise denying or making unavailable a housing accommodation, based on the disability of a buyer or renter, someone living or intending to live in the housing accommodation, or someone associated with that person. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities.
Section 4112.024 provides certain exemptions from the fair housing law. For example, it does not require that housing accommodations be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property. The prohibition against familial status discrimination does not apply to housing for elderly persons.
Section 4112.05 describes the process for filing a charge of discrimination with the Ohio Civil Rights Commission. A claimant has 1 year to file a charge. Meanwhile, Section 4112.055 provides a process for bringing a civil lawsuit involving housing discrimination. A claimant has 1 year to bring a lawsuit.
Oklahoma Fair Housing Law
Protected characteristics include race, color, religion, gender, national origin, age, familial status (including pregnancy), and disability.
Under 25 Oklahoma Statutes Section 1452, some examples of prohibited housing discrimination include:
The statute provides specific additional protections against disability discrimination. It prohibits discriminating in sale or rental, or otherwise denying or making unavailable a dwelling, based on a disability of the buyer or renter, someone associated with them, or someone who lives or intends to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The law also includes rules for reasonable modifications and accommodations for people with disabilities. However, disability protections do not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property.
Section 25-1453 contains certain exemptions from the fair housing law. For example, it does not apply to the sale or rental of rooms or units in a dwelling containing living quarters that are intended to be occupied by no more than four families if the owner maintains and occupies one of the living quarters as their residence. The sale or rental of a single-family house by an owner also may be exempt if certain requirements are met. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 25-1502.2 describes the process for filing a complaint of discrimination with the Oklahoma Attorney General. A claimant has 1 year to file a complaint. Meanwhile, Section 25-1506.1 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Oregon Fair Housing Law
Protected characteristics include race, color, religion, sex, sexual orientation, gender identity, national origin (including ancestry), marital status, familial status (including pregnancy), source of income, and disability.
Under Oregon Revised Statutes Section 659A.421, which covers protected characteristics other than disability, some examples of prohibited housing discrimination include:
The prohibition against familial status discrimination does not apply to housing for older persons. Some of the protections against discrimination based on sex, sexual orientation, gender identity, or familial status do not apply to renting space in a single-family residence if the owner maintains and occupies the residence as their primary residence, and all occupants share common space in it.
Section 659A.145 provides the protections for people with disabilities. These cover the disabilities of current and prospective occupants, renters, and buyers, the disabilities of people associated with them, and the disabilities of people who live or intend to live in the dwelling. Prohibited actions include refusing to sell, lease, rent, or make available any property, expelling an occupant, renter, or buyer, making a distinction or restriction in the price, terms, conditions, or privileges of sale, rental, lease, or occupancy or in providing related facilities or services, attempting to discourage sale, rental, or lease, and saying that a dwelling is not available for inspection, sale, rental, or lease, among other practices. The statute also provides rules for reasonable modifications and accommodations for people with disabilities.
Section 659A.820 describes the process for filing a complaint of discrimination with the Oregon Bureau of Labor and Industries. A claimant has 1 year to file a complaint. Meanwhile, Section 659A.885 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Pennsylvania Fair Housing Law
Protected characteristics include race, color, familial status (including pregnancy), age (40 and older), religious creed, ancestry, sex (explicitly interpreted to include sexual orientation and gender identity), national origin, and handicap or disability.
Under 43 Pennsylvania Statutes Section 955, some examples of prohibited housing discrimination include:
Protections against disability discrimination in housing generally extend to a disability of someone with whom the buyer or renter has a relationship or association. The statute also provides rules for reasonable modifications and accommodations for people with disabilities. Furthermore, it prohibits evicting an occupant of a housing accommodation before the term of a lease ends due to pregnancy or the birth of a child.
The fair housing law does not apply to the rental of rooms in a landlord-occupied rooming house with a common entrance. Also, the prohibitions against age and familial status discrimination do not apply to housing for older persons. The prohibition against sex discrimination does not apply to the advertising, rental, or lease of rooms in a personal residence where common living areas are shared.
Under Section 954, a “housing accommodation” does not include a personal residence offered for rent. The statute in turn defines a “personal residence” as a building or structure containing living quarters that are intended to be occupied by no more than two people, groups, or families when the owner or lessee uses it as a residence for their household and them.
Section 959 describes the process for filing a complaint of discrimination with the Pennsylvania Human Relations Commission. A claimant has 180 days to file a complaint. Meanwhile, Section 962 provides a process for bringing a civil lawsuit involving housing discrimination after the administrative process has started. The Commission must notify the claimant if it dismisses the complaint or does not enter into a conciliation agreement within 1 year after the complaint is filed. The claimant then has 2 years to bring a lawsuit after the date of notice from the Commission closing the complaint.
Rhode Island Fair Housing Law
Protected characteristics include race, color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source of income, military status, country of ancestral origin, disability, age, familial status (including pregnancy), and domestic violence victim status.
Under Rhode Island General Laws Section 34-37-4, some examples of prohibited housing discrimination include:
The statute provides rules for reasonable modifications and accommodations for people with disabilities. However, it does not require that a dwelling be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property. It also does not prohibit an owner, lessee, or similarly situated person from advertising or selecting a person of the same or opposite gender to rent, lease, or share the housing unit that they will occupy with the person selected.
Related statutes provide certain other exemptions from the fair housing law. For example, Section 34-37-4.1 provides that an owner of a housing accommodation does not need to rent to a family with children if the housing accommodation consists of two units, of which the owner occupies one unit. (Rhode Island regulations provide a more detailed description of exemptions from the prohibition against familial status discrimination.) The prohibition against age discrimination does not prevent an owner from asking the age of prospective or actual tenants or buyers. Under Section 34-37-4.6, an owner of a housing accommodation may refuse to rent to someone based on their lawful source of income if the housing accommodation consists of three or fewer units, one of which is occupied by the owner.
Section 34-37-5 describes the process for filing a charge of discrimination with the Rhode Island Commission for Human Rights. A claimant has 1 year to file a charge. Meanwhile, the statute also provides a process for bringing a civil lawsuit involving housing discrimination, which is triggered when a right-to-sue notice is issued in the administrative process. A claimant has 90 days to bring a lawsuit after the date of the right-to-sue notice.
South Carolina Fair Housing Law
Protected characteristics include race, color, religion, sex, familial status (including pregnancy), national origin, and handicap.
Under South Carolina Code of Laws Section 31-21-40, some examples of prohibited housing discrimination include:
The statute provides specific additional protections against handicap discrimination. It prohibits discrimination in sale or rental, or denying or making unavailable a dwelling, based on a handicap of the buyer or renter, someone associated with them, or someone living or intending to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. Section 31-21-70 provides rules for reasonable modifications and accommodations for people with disabilities.
Section 31-21-70 also contains certain exemptions from the fair housing law. For example, the law does not require a dwelling to be made available to someone whose occupancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property. The fair housing law does not apply to rooms or units in dwellings containing living quarters that are intended to be occupied by no more than four families when the owner maintains and occupies one of the living quarters as their residence. It also does not apply to a single-family house sold or rented by an owner when certain conditions are met. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 31-21-120 describes the process for filing a complaint of discrimination with the South Carolina Human Affairs Commission. A claimant has 180 days to file a complaint. Meanwhile, Section 31-21-140 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 1 year to bring a lawsuit.
South Dakota Fair Housing Law
Protected characteristics include race, color, creed, religion, sex, ancestry, disability, familial status (including pregnancy), and national origin.
Under South Dakota Codified Laws Section 20-13-20, some examples of prohibited housing discrimination include:
The statute also provides rules for reasonable modifications for people with disabilities. (More generally, Section 20-13-23.7 provides that good-faith efforts must be made to reasonably accommodate a disabled person in housing, among other areas, unless this would impose an undue hardship.)
Other than the ban on discriminatory advertising, the fair housing law does not apply to rooms or units in dwellings containing living quarters for no more than two families if the owner maintains and occupies one of the living quarters as their residence. Section 20-13-20.2 provides that the prohibition against familial status discrimination does not apply to residences that are publicized as designated for older or disabled residents if certain conditions are met.
Section 20-13-29 describes the process for filing a charge of discrimination with the South Dakota Division of Human Rights. A claimant has 180 days to file a charge. Meanwhile, Section 20-13-35.1 provides a process for bringing a civil lawsuit involving housing discrimination, which the claimant can trigger at a certain stage of the administrative process by choosing to have the claims asserted in the charge decided in a civil action. A claimant has 1 year to file a lawsuit after making this choice.
Tennessee Fair Housing Law
Protected characteristics include race, color, creed, religion, sex, disability, familial status (including pregnancy), and national origin (including ancestry).
Under Tennessee Code Section 4-21-601, some examples of prohibited housing discrimination include:
The statute provides specific additional protections against disability discrimination. These prohibit discriminating in sale or rental, or denying or making unavailable a dwelling, based on a disability of the buyer or renter, someone associated with them, or anyone who lives or intends to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities. However, the protections against disability discrimination do not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property.
Section 4-21-602 contains some exemptions from the fair housing law. For example, it does not apply to the rental of housing accommodations in a building containing these accommodations for no more than two families when the owner or their family member lives in one of the accommodations. It also does not apply to the rental of a single room or rooming unit in a housing accommodation if the person renting the accommodation or a family member lives there. The prohibition against sex discrimination does not apply to rooms or rental units in which the tenants would be required to share a common bath. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 4-21-302 describes the process for filing a complaint of discrimination with the Tennessee Human Rights Commission. A claimant has 180 days to file a complaint. Meanwhile, Section 4-21-311 provides a process for bringing a civil lawsuit involving housing discrimination, which will supersede any administrative complaint or hearing. A plaintiff has 1 year to bring a lawsuit.
Texas Fair Housing Law
Protected characteristics include race, color, religion, sex, familial status (including pregnancy), national origin, and disability.
Under Texas Property Code Section 301.021 and related statutes, some examples of prohibited housing discrimination include:
Section 301.025 provides specific additional protections against disability discrimination. It prohibits discriminating in sale or rental, or denying or making unavailable a dwelling, based on a disability of the buyer or renter, someone associated with them, or someone living or intending to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities. However, it does not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property.
Section 301.041 and related statutes contain exemptions from the fair housing law. For example, other than the ban on discriminatory advertising, it does not apply to the sale or rental of a single-family house by the owner if certain conditions are met. Similarly, other than the ban on discriminatory advertising, it does not apply to the sale or rental of rooms or units in a dwelling containing living quarters that are meant to be occupied by no more than four families when the owner maintains and occupies one of the living quarters as their residence. The prohibition against familial status discrimination does not apply to certain housing for elderly people. (Texas regulations provide further detail on exemptions from the familial status discrimination prohibition.)
Section 301.081 describes the process for filing a complaint of discrimination with the Texas Workforce Commission. A claimant has 1 year to file a complaint. Meanwhile, Section 301.151 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Utah Fair Housing Law
Protected characteristics include race, color, religion, sex, national origin (including ancestry), familial status (including pregnancy), source of income, disability, sexual orientation, and gender identity.
Under Utah Code Section 57-21-5, some examples of prohibited housing discrimination include:
The statute also provides rules for reasonable modifications and accommodations for people with disabilities. Its protections extend to people who are associated with someone who has a protected characteristic.
Section 57-21-3 contains certain exemptions from the fair housing law. For example, it does not apply to a single-family dwelling unit sold or rented by its owner if certain conditions are met. Other than the ban on discriminatory advertising, it does not apply to the rental of a room in a single-family dwelling by an owner-occupant of the dwelling if it is designed for occupancy by four or fewer families, and the owner-occupant lives in one of the units. The prohibition against familial status discrimination does not apply to housing developments designated as housing for older persons.
Section 57-21-9 describes the process for filing a complaint of discrimination with the Utah Division of Antidiscrimination and Labor. A claimant has 180 days to file a complaint. Meanwhile, Section 57-21-12 provides a process for bringing a civil lawsuit involving housing discrimination, even if an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Vermont Fair Housing Law
Protected characteristics include race, sex, sexual orientation, gender identity, age, marital status, religious creed, color, national origin, disability, occupying a dwelling with one or more minor children, receiving public assistance, and being a victim of abuse, sexual assault, or stalking.
Under 9 Vermont Statutes Section 4503, some examples of prohibited housing discrimination include:
The statute also provides rules for reasonable modifications and accommodations for people with disabilities. However, Section 4501 notes that a person with a disability does not include someone with a substance use disorder who poses a direct threat to the property or safety of others due to their current alcohol or drug use.
Section 4504 contains certain exceptions to the fair housing law for rental housing. For example, it does not apply if the dwelling unit is inadequate under occupancy laws and ordinances to house all people who intend to live there. Other than the ban on discriminatory advertising, it does not apply to a dwelling unit in a building with three or fewer units when the owner or an immediate family member lives in one of the units. The prohibition against age discrimination does not prohibit refusing to rent to someone who is under 18. The fair housing law does not limit a landlord’s right to establish and enforce legitimate business practices that are necessary to protect and manage the property, such as the use of references.
The prohibitions against discrimination in sales and rentals based on age or occupying a dwelling with minor children do not apply to housing for elderly people.
Section 4506 describes the process for filing a charge of discrimination with the Vermont Human Rights Commission. A claimant has 1 year to file a charge. Meanwhile, the statute also provides a process for bringing a civil lawsuit involving housing discrimination, which is presented as an alternative to filing an administrative complaint. A claimant has 6 years to bring a lawsuit.
Virginia Fair Housing Law
Protected characteristics include race, color, religion, national origin, sex, elderliness (age 55 and older), source of funds, familial status (including pregnancy), sexual orientation, gender identity, military status, and disability.
Under Code of Virginia Section 36-96.3, some examples of prohibited housing discrimination include:
Virginia regulations list numerous other prohibited practices under the fair housing law. For example, the regulations prohibit evicting a tenant based on a protected characteristic or a protected characteristic of a guest.
The statute provides specific additional protections against disability discrimination. It prohibits refusing to sell or rent, refusing to negotiate for sale or rental, denying or making unavailable a dwelling, or otherwise discriminating based on a disability of the buyer or renter, someone associated with them, or someone living or intending to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities.
Section 36-96.2 contains certain exemptions from the fair housing law. For example, most of its core provisions do not apply to a single-family house sold or rented by an owner if certain conditions are met. Other than the ban on discriminatory advertising, it does not apply to rooms or units in dwellings containing living quarters that are meant to be occupied by no more than four families if the owner maintains and occupies one of the living quarters as their residence. The fair housing law does not prevent an owner from denying or limiting the rental of housing to someone who poses a clear and present threat of substantial harm to the dwelling or other people. Section 36-96.7 provides that the prohibition against familial status discrimination does not apply to housing for older persons.
Section 36-96.9 describes the process for filing a complaint with the Virginia Fair Housing Board. A claimant has 1 year to file a complaint. Meanwhile, Section 36-96.18 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A plaintiff has 2 years to bring a lawsuit.
Washington Fair Housing Law
Protected characteristics include sex, marital status, sexual orientation (including gender expression or identity), race, creed, color, national origin (including ancestry), citizenship or immigration status, families with children status (including pregnancy), honorably discharged veteran or military status, a sensory, mental, or physical disability, and the use of a trained dog guide or service animal by a person with a disability.
Under Revised Code of Washington Section 49.60.222, some examples of prohibited housing discrimination include:
The statute also provides rules for reasonable modifications and accommodations for people with disabilities.
The fair housing law contains certain exemptions. For example, it does not apply to a single-family house rented or leased by the owner if certain conditions are met. It also does not apply to rooms or units in dwellings containing living quarters that are meant to be occupied by no more than four families when the owner maintains and occupies one of the rooms or units as their residence. The fair housing law does not apply to transactions involving the sharing of a dwelling unit, or the rental or sublease of part of a dwelling unit, when the unit is to be occupied by the owner or sublessor. The prohibition against discrimination based on families with children status does not apply to housing for older persons.
Section 49.60.230 describes the process for filing a complaint of discrimination with the Washington State Human Rights Commission. A claimant has 1 year to file a complaint. Meanwhile, Section 49.60.030 provides a process for bringing a civil lawsuit involving housing discrimination. A claimant has 3 years to bring a lawsuit.
Washington, D.C. Fair Housing Law
Protected characteristics include actual or perceived race, color, religion, national origin, sex (including pregnancy), age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status (also including pregnancy), family responsibilities, disability, matriculation, political affiliation, source of income, sealed eviction record, status as a victim of an intrafamily offense, place of residence or business, and homeless status.
Under District of Columbia Code Section 2-1402.21, some examples of prohibited housing discrimination include:
The statute provides specific additional protections against disability discrimination. It prohibits denying a dwelling or making it unavailable based on a disability of the buyer or renter, someone associated with them, or someone living or intending to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities. However, the protections for people with disabilities do not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property.
Section 2-1402.24 contains certain exceptions to the fair housing law. For example, it does not apply to the rental or lease of housing accommodations in a building in which the owner or their family members occupy one of the living units, and in which there are or are intended to be accommodations for no more than two families, or no more than four families in certain situations. The fair housing law also does not apply to the sale or rental of a single-family home by an owner if certain conditions are met. The prohibition against familial status discrimination does not apply to housing for older persons.
Section 2-1403.04 describes the process for filing a complaint of discrimination with the District of Columbia Office of Human Rights. A claimant has 1 year to file a complaint. Meanwhile, Section 2-1403.16 provides a process for bringing a civil lawsuit involving housing discrimination if the claimant has not filed a complaint, or if the complaint has been withdrawn or dismissed for administrative convenience. A claimant has 2 years to file a lawsuit based on discrimination in real estate transactions.
West Virginia Fair Housing Laws
Protected characteristics include race, color, religion, ancestry, sex, familial status (including pregnancy), blindness, disability, and national origin.
Under West Virginia Code Section 5-11A-5, some examples of prohibited housing discrimination include:
The statute provides specific additional protections against disability discrimination. It prohibits discrimination in sale or rental, or denying or making unavailable a dwelling based on a disability of the buyer or renter, someone associated with them, or someone living or intending to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities. However, the statute does not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of other people, or would cause substantial damage to their property.
Section 5-11A-4 contains certain exemptions from the fair housing law. For example, it generally does not apply to the rental of rooms in a rooming house that contains no more than four rooms to be rented and is occupied by the owner as a place of residence. The prohibition against familial status discrimination does not apply to a single-family house sold or rented by an owner if certain conditions are met. It also does not apply to rooms or units in dwellings containing living quarters that are meant to be occupied by no more than four families if the owner maintains and occupies one of the living quarters as their residence. Section 5-11A-8 further provides that the prohibition against familial status discrimination does not apply to housing for older persons.
Section 5-11A-11 describes the process for filing a complaint of discrimination with the West Virginia Human Rights Commission. A claimant has 1 year to file a complaint. Meanwhile, Section 5-11A-14 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Wisconsin Housing Discrimination Laws
Protected characteristics include sex (explicitly interpreted to include gender identity), race, color, sexual orientation, disability, religion, national origin, marital status, family status (including pregnancy), status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, and ancestry.
Under Wisconsin Statutes Section 106.50, some examples of prohibited housing discrimination include:
The statute provides specific additional protections against disability discrimination. It prohibits segregating, separating, excluding, or unequally treating a buyer or renter in the sale or rental of housing, or denying or making unavailable housing to them, based on a disability of the buyer or renter, someone associated with them, or someone living or intending to live in the housing. A parallel provision covers segregation, separation, exclusion, and unequal treatment in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities.
The fair housing law contains certain exemptions. For example, the prohibitions against discrimination based on age or family status do not apply to housing for older persons. The law does not require housing to be made available to someone whose tenancy would pose a direct threat to the safety of other tenants or people employed on the property, or would cause substantial damage to the property of others, if the risk cannot be eliminated or sufficiently reduced with reasonable accommodations. In general, the fair housing law does not apply to a person’s decision about the person with whom they will share a dwelling unit, unless the dwelling unit is a residence occupied by more than five people.
Section 106.50 describes the process for filing a charge of discrimination with the Wisconsin Department of Workforce Development. A claimant has 1 year to file a charge. Meanwhile, the statute also provides a process for bringing a civil lawsuit involving housing discrimination. A claimant has 1 year to bring a lawsuit.
Wyoming Fair Housing Law
Protected characteristics include race, color, religion, sex, disability, familial status (including pregnancy), and national origin.
Under Wyoming Statutes Section 40-26-103 and related statutes, some examples of prohibited housing discrimination include:
Section 40-26-107 provides specific additional protections against disability discrimination. It prohibits discrimination in sale or rental, or denying or making unavailable a dwelling, based on a disability of a buyer or renter, someone associated with them, or someone living or intending to live in the dwelling. A parallel provision covers discrimination in the terms, conditions, or privileges of sale or rental, or in providing related services or facilities. The statute also provides rules for reasonable modifications and accommodations for people with disabilities. However, it does not require a dwelling to be made available to someone whose tenancy would pose a direct threat to the health or safety of others, or would cause substantial damage to their property.
Section 40-26-110 contains certain exemptions from the fair housing law. For example, it does not apply to the sale or rental of a single-family house by the owner if certain conditions are met. Other than the ban on discriminatory advertising, it does not apply to the sale or rental of rooms or units in a dwelling containing living quarters that are meant to be occupied by no more than four families when the owner maintains and occupies one of the living quarters as their residence. Section 40-26-112 provides that the prohibition against discrimination based on familial status does not apply to housing for elderly people.
Section 40-26-118 describes the process for filing a complaint of discrimination with an enforcing authority. A claimant has 1 year to file a complaint. Meanwhile, Section 40-26-139 provides a process for bringing a civil lawsuit involving housing discrimination, whether or not an administrative complaint has been filed. A claimant has 2 years to bring a lawsuit.
Last reviewed February 2024
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