Fair housing basics every small landlord should know

If you own a duplex, a few houses, or a single home you rent out while you live elsewhere, it is easy to think fair housing law is written for someone else. It is not. The federal Fair Housing Act applies to most rental housing, and some of its rules, like the one on advertising, apply to nearly everyone who rents.

The good news is that compliance mostly comes down to a few habits that also make you a better landlord: clear criteria, the same process for everyone, and careful words.

Who is protected

The Fair Housing Act prohibits discrimination in housing because of:

• race
• color
• national origin
• religion
• sex
• familial status
• disability

Familial status means households with children under 18 living with a parent, a legal custodian or their designee, and it also covers anyone who is pregnant or in the process of securing legal custody of a child. In practice this means you cannot refuse families with children, steer them to certain units, or set occupancy rules that are really about children rather than the size of the home.

On sex, the law has moved. In 2021 HUD issued guidance applying the Fair Housing Act's ban on sex discrimination to sexual orientation and gender identity, following the Supreme Court's reasoning in Bostock v. Clayton County. HUD withdrew that guidance effective September 17, 2025. Courts and state and local laws may still treat that conduct as unlawful, and private lawsuits remain possible. For a landlord, the safe and decent practice is the same either way: apply the same criteria to every applicant and do not let anyone's identity enter the decision.

State and local laws can add protected classes beyond the federal list. Check the rules where your property is.

What it covers

Fair housing applies to the whole relationship, not only the decision to rent. That includes advertising, what you tell people about availability, application requirements, prices and deposits, lease terms, services and repairs, rules for common areas, renewals and evictions.

Federal law has narrow exemptions, including certain single-family homes rented by an owner without a broker and some owner-occupied buildings of up to four units. Even when one of those applies, the ban on discriminatory advertising still does. Do not plan your business around an exemption without advice.

Advertising: say what the home is, not who should live there

HUD's rules make it unlawful to publish an ad or statement that indicates a preference, limitation or discrimination based on a protected class. That covers words, photos, and even where you choose to advertise.

A simple test: describe the property and its features, not the people you imagine in it.

• Instead of "perfect for a young professional," write "one bedroom, ten minutes from downtown."
• Instead of "no kids," state the actual home: "two bedrooms, second floor, no yard."
• Instead of "ideal for a Christian family" or "near the church," describe the location by streets or landmarks only.
• Instead of "must be able to climb stairs," write "third floor walk-up, no elevator."

Write your criteria down, then use them every time

Most fair housing trouble for small landlords is not intentional. It comes from treating similar applicants differently: a quicker call back here, an extra document request there. Written criteria prevent that. Decide your income requirement, what rental history you check, and how you use any reports before you list, then apply them in the same order to every applicant. Our guide to screening tenants consistently walks through it.

Reasonable accommodations and modifications

For people with disabilities, the Fair Housing Act goes beyond treating everyone the same. It is unlawful to refuse reasonable accommodations in rules, policies, practices or services when they may be necessary to give a person with a disability an equal opportunity to use and enjoy a home. HUD's own regulation gives examples: allowing a guide dog in a building with a no pets policy, or reserving a parking space near the unit for a tenant who cannot walk far.

It is also unlawful to refuse reasonable modifications, physical changes such as grab bars or a ramp, that a tenant with a disability needs, at the tenant's expense in private housing. A landlord may, where reasonable, ask that the interior be restored at the end of the tenancy, but may not raise the usual security deposit because of the disability.

When someone asks, respond promptly, keep the conversation focused on what is needed, and put your answer in writing. If a request seems unworkable, talk about alternatives rather than simply saying no.

Habits that protect you and your tenants

1. 1Use one written set of criteria and share it before people apply.
2. 2Answer every inquiry the same way, with the same information.
3. 3Process applications in the order they arrive.
4. 4Keep a short written note of each decision and its reason.
5. 5Review every ad for words about people rather than the property.
6. 6Respond to accommodation requests in writing, and promptly.

People who believe they have faced housing discrimination can file a complaint with HUD, and the Fair Housing Act also lets them bring a civil action in federal or state court within two years. Holuway's own commitment is on our fair housing page.

This article is general information about federal fair housing law as of its publication date, not legal advice. State and local laws may add protections, and guidance changes. For a specific situation, talk to a fair housing attorney.