๐Ÿ  Housing & Rent

Fair Housing Act (FHA)

Also called: Fair Housing Act, Title VIII

What it means

A federal civil rights law that bans discrimination in most housing decisions. Protected classes under federal law are race, color, religion, sex (including gender identity and sexual orientation under HUD's interpretation), national origin, disability, and familial status (families with children). Discrimination can take many forms. Refusing to rent or sell, charging different terms, lying about availability, steering people toward certain neighborhoods, and refusing to make reasonable accommodations or modifications for a disability all qualify. Most housing is covered. Owner-occupied buildings with four or fewer units (the Mrs. Murphy exemption) and some senior housing are partially exempt. New York's Human Rights Law adds protected classes including marital status, age, military status, lawful source of income (which protects Section 8 voucher holders), and several others. Complaints can be filed with HUD within one year and with the NY Division of Human Rights or local human rights commissions on similar timelines.

When you might hear this

The federal Fair Housing Act prohibits discrimination in renting, buying, financing, or advertising housing based on race, color, religion, sex, national origin, disability, and familial status. New York adds more protected classes.

What to ask

  • Was the unfair treatment based on a federally protected class?
  • Does New York's Human Rights Law add protections that apply here?
  • Is the housing covered, or might an owner-occupier exemption apply?
  • Can I file with HUD, the state, or both?
  • What is the deadline to file with each agency?
Source
Fair Housing Act (42 USC ยง 3601+); NY Exec. Law ยง 296 โ€” Read the law
Checked: 2026-04-26
This is for understanding only. It is not legal advice. If you are in a case, talk to a lawyer.