What are the protected classes under the Fair Housing Act?
Seven: race, color, national origin, religion, sex, familial status and disability. The federal Fair Housing Act bars discrimination against anyone because of one of them in renting, in the terms of a lease, in advertising and in services. Many states and cities add more, such as source of income, marital status, age, military status, sexual orientation and gender identity, so a landlord follows whichever list is longest where the property sits.
The seven federal classes
| Class | What it covers in plain words |
|---|---|
| Race | Treating people differently because of their race. |
| Color | Treating people differently because of their skin color, including shade within a race. |
| National origin | Where a person or their family comes from, including accent or language in some cases. |
| Religion | A person's faith, or lack of one. |
| Sex | Treating men and women differently, and sexual harassment. HUD has also treated sexual orientation and gender identity as covered, and many states say so in their own laws. |
| Familial status | Households with a child under 18, a person who is pregnant, or a person getting custody of a child. |
| Disability | Physical or mental impairments that substantially limit a major life activity, including a record of one. It also brings duties to allow reasonable accommodations and modifications. |
The statute is 42 U.S.C. 3604. It makes it unlawful to refuse to rent, to set different terms or conditions, to say that a unit is unavailable when it is, and to advertise a preference or limit based on a protected class.
Where this shows up in a landlord's day
- Listings: wording that signals a preference, such as "perfect for a young couple" or "no kids". See the post on listing words to avoid.
- Showings and answers: telling one caller a unit is gone and another that it is open.
- Screening: using different income, credit or history rules for different people.
- Terms: higher deposits, stricter rules or different repair service for one household.
- Rules for common areas: rules aimed at children or at people with a disability.
- Requests for changes: refusing a reasonable accommodation or modification for a person with a disability.
- Retaliation: punishing someone for filing a complaint or helping someone else. Section 3617 bars it.
The exemptions are narrow
Section 3603(b) exempts a few owners from some of the Act's rules: a single-family home sold or rented by an owner who owns no more than three such homes and does not use a broker or discriminatory advertising, and a building of four or fewer units where the owner lives in one of them. Housing for older persons can qualify for a separate exemption for families with children.
Even exempt owners cannot use discriminatory advertising, and a separate federal law, the Civil Rights Act of 1866, bars race discrimination in renting with no exemption. Most DoorKeeping-sized owners, with several units or properties, should assume the Act applies to them.
Local protected classes you may also have to follow
Fair housing is a floor, not a ceiling. Check your state's civil rights agency and your city's code for any of these:
- Source of income, such as housing vouchers.
- Marital status, age, military or veteran status.
- Sexual orientation and gender identity.
- Immigration or citizenship status.
- Criminal history rules, such as limits on asking about arrests.
- Victim of domestic violence status.
A good habit: write your screening and advertising rules to the longest list that applies, apply them to every property, and review them each year. If you own in more than one state or city, keep one short page per location that lists its extra classes, and give it to anyone who answers calls or shows units, so the rules follow the property and not your memory. Your state civil rights agency or local fair housing group can tell you what applies and often offers free training for housing providers.
Sources
- 42 U.S.C. 3604, Discrimination in the sale or rental of housing, read Oct 30, 2026
- 42 U.S.C. 3603, Effective dates of certain prohibitions (exemptions), read Oct 30, 2026
- HUD, Fair Housing Act Overview, read Oct 30, 2026
Questions
- Is source of income a federally protected class?
- No, not under the Fair Housing Act. Many states and cities protect it, and refusing vouchers can be illegal there. Check your local law.
- Are all landlords covered by the Fair Housing Act?
- Most are. A few small owner-occupied or single-home owners are exempt from some rules, but still may not advertise discriminatorily, and state laws may cover them.
- Does familial status mean only children?
- It covers households with a child under 18, a person who is pregnant, and a person in the process of getting legal custody of a child.