What is Fair Housing?

Fair housing means you can choose where to live without facing illegal discrimination. It ensures everyone is treated fairly in housing, whether you’re renting, buying, borrowing, or getting insurance.

What Does Fair Housing Do?

It ensures everyone has equal access to housing. Fair housing is important because it allows everyone, regardless of race, color, national origin, religion, family situation, or abilities, to choose the housing that best meets their needs without facing unfair treatment or stereotypes.

Key Points

Fair housing laws protect anyone looking for housing as well as those currently living in housing, whether renting, buying, getting a mortgage or home appraisal, or homeowner’s insurance. The federal Fair Housing Act prohibits discrimination against the following groups:

  1. Race
  2. Color
  3. Religion
  4. National Origin
  5. Sex (including sexual orientation and gender identity)
  6. Disability
  7. Familial Status (having children under eighteen or being pregnant)

A protected class is a group of people who are protected from discrimination by law.

The Fair Housing Act Covers almost all types of housing, including public, private, single-family and multi-family homes. There are a few exceptions, like buildings with four or fewer units if the owner lives in one, single-family homes sold or rented by the owner without an agent and without advertising, and housing run by religious organizations and private clubs that limit occupancy to their members.

  • Real estate agents and brokers
  • Organizations related to real estate
  • Builders and developers
  • Landowners
  • Condominium associations
  • Homeowners selling their homes
  • Banks and mortgage brokers
  • Appraisers
  • Property owners who rent out homes
  • Property managers
  • Advertising and marketing companies
  • Insurance companies for homeowners and renters
  • Federal, state, and local governments

Visit: Fair Housing Examples of Discrimination

It’s against the law to treat people differently because of race, color, religion, sex (including gender identity and sexual orientation), disability, family status, or national origin:

Some examples of differential treatment include:

  • Refusal to rent or sell to someone because they are a member of a protected class.
  • Having different terms or conditions for people in the protected classes than for everyone else.
  • Advertising or making statements that are discriminatory such as saying, “no kids” or “adults only.”
  • Steering people based on their membership in a protected class such as refusing to allow families with kids to live in units above the first floor.

There are many more examples of illegal discriminatory behavior covered by fair housing laws. See our posters and brochures or visit this site to see other examples of discriminatory behavior. If you are unsure if you have experienced housing discrimination, contact us at (901) 538-7700.

It is also illegal to have a neutral rule (one that treats everyone the same) that has the effect of denying housing to people in a protected class. One example of this kind of rule is one that requires everyone to prove they can live independently. While the rule may apply to everyone, it has the effect of keeping out people with disabilities who may need help with cooking, cleaning, etc.

  • Refusing to sell or rent
  • Offering different terms or conditions to one person and but not to others in the protected classes
  • Steering people to certain neighborhoods based on race or family status
  • Lying about the availability of housing
  • Advertising preferences or limitations (online, in print, or verbally)
  • Harassing someone

Visit: Fair Housing for People with Disabilities

Various federal laws require that housing providers make reasonable accommodations and modifications for people with disabilities. These laws protect both those with disabilities and those associated with them. Providers cannot refuse housing or set different conditions because someone needs these accommodations.

  • Reasonable Accommodations:
    • Changes in a rule, policy, or practice that help a person with a disability to live in or enjoy a home or use a service.
    • Examples of reasonable accommodations include allowing someone to have a service animal or emotional support animal in a “no pet” building; assigning someone a parking space close to their unit
  • Reasonable Modifications:
    • Changes to a unit to make it accessible for someone with a disability
    • The occupant of a unit must pay for the changes unless the owner of the property receives federal money

National origin as a protected class under the Fair Housing Act refers to the protection against discrimination based on an individual’s, or their ancestor’s, place of birth, country of origin, ethnicity, or perceived nationality. This protection covers a wide range of individuals and nationalities, ensuring they have equal access to housing opportunities without facing unfair treatment.

Who Falls Under National Origin Protection?

Individuals who fall under national origin protection include:

  • Immigrants and Refugees: People who have moved to the United States from other countries whether they are a U.S. citizen.
  • Ethnic and Cultural Groups: Individuals who identify with a specific ethnic or cultural heritage.
  • U.S. Citizens and Nationals: Americans who may be perceived as belonging to a different national origin due to their ancestry or cultural practices.
  • Descendants: Individuals whose parents, grandparents, or ancestors originated from a different country.

Examples of Nationalities Covered:

National origin protection is not limited to specific countries; it encompasses individuals from all over the world.

What Does National Origin Discrimination Look Like?

Discrimination based on national origin can take many forms, including but not limited to:

  • Refusal to Rent or Sell: Denying housing to someone because they are from a particular country or have a certain ethnic background.
  • Different Treatment: Offering different terms, conditions, or privileges in housing because of a person’s national origin.
  • Harassment and Hostility: Creating a hostile living environment with verbal or physical harassment due to someone’s nationality.
  • Language-Based Discrimination: Requiring tenants to speak only English or penalizing them for using their native language.

Our Commitment:

The Fair Housing Council of Metropolitan Memphis is dedicated to eliminating these discriminatory practices and ensuring that everyone, regardless of their national origin, has equal access to housing. We believe that diversity enriches our communities, and everyone should feel welcome and secure in their homes.

Support and Resources:

If you or someone you know has experienced housing discrimination based on national origin, the Fair Housing Council of Metropolitan Memphis is here to help. We provide:

  • Education and Outreach: Information on your rights and protections under the Fair Housing Act.
  • Advocacy: Efforts to enforce fair housing laws and promote policies that support equitable housing.
  • Legal Assistance: Help with filing complaints and pursuing legal action against discrimination.

Contact us to learn more about how we can assist you and ensure that your rights are protected.

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2023 Fair Housing Trends Report; NFHA
The 2023 Fair Housing Trends Report is the latest in a series of annual reports about fair housing trends that NFHA has produced since the mid-1990s. The data compiled in this report is from fair housing complaints in 2022. Use the visualization below to see how your state fared.

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3355 Poplar Ave, Suite 112
Memphis, TN 38112

901-538-7700

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The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government. The federal Fair Housing Act prohibits discrimination because of race, color, creed, religion, national origin, sex, familial status or disability. For more information, visit www.hud.gov/fairhousing.