Housing Discrimination Laws by State (2026)
About this article
Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
Compare by state
Statute citations are verified per state. Select a state to jump to its full section below.
| Primary statute | |
|---|---|
| Alabama | Alabama Fair Housing Law, Ala. Code § 24-8-1 et seq. |
| Alaska | Alaska Human Rights Law — Alaska Stat. § 18.80.240 |
| Arizona | A.R.S. § 41-1491 et seq. — Arizona Fair Housing Act (enforcement by AG Civil Rights Division) |
| Arkansas | Arkansas Civil Rights Act — Housing Discrimination, Ark. Code § 16-123-201 et seq. |
| California | California Government Code § 12955 — FEHA housing discrimination protections |
| Colorado | C.R.S. § 24-34-502 — Colorado Anti-Discrimination Act (housing, broader classes than federal) |
| Connecticut | CGS § 46a-64c — Connecticut Fair Housing Act |
| Delaware | Delaware Fair Housing Act, 6 Del. C. § 4601 et seq. |
| District of Columbia | D.C. Human Rights Act — housing discrimination, D.C. Code § 2-1402.21 |
| Florida | Florida Fair Housing Act, Fla. Stat. § 760.20-760.37 |
| Hawaii | Hawaii Fair Housing Law — HRS § 515 |
| Idaho | Idaho Code § 67-5909 — Idaho Human Rights Act housing discrimination prohibition |
| Illinois | 775 ILCS 5 — Illinois Human Rights Act (source of income, sexual orientation protected classes) |
| Indiana | Indiana Civil Rights Law, IC § 22-9.5 — state housing discrimination prohibition |
| Iowa | Iowa Code § 216 — Iowa Civil Rights Act |
| Kansas | K.S.A. § 44-1015 — Kansas Act Against Discrimination (Housing) |
| Kentucky | Kentucky Civil Rights Act, KRS § 344.360 et seq. |
| Louisiana | Louisiana Equal Housing Opportunity Act, La. R.S. § 51:2601 et seq. |
| Maine | 5 M.R.S.A. § 4581 et seq. — Maine Human Rights Act (housing) |
| Maryland | Maryland Fair Housing Law, MD Code, State Government § 20-701 et seq. |
| Massachusetts | MGL c. 151B, § 4 — Massachusetts Fair Housing Law (includes source-of-income, sexual orientation, gender identity) |
| Michigan | Michigan Elliott-Larsen Civil Rights Act, MCL § 37.2101 et seq. (housing discrimination) |
| Minnesota | Minn. Stat. § 363A.09 — Unfair Discriminatory Practices in Real Property |
| Mississippi | Miss. Code Ann. § 43-33-701 et seq. — Mississippi fair housing provisions |
| Missouri | Missouri Human Rights Act — Housing Discrimination, RSMo § 213.040 |
| Montana | Mont. Code Ann. § 49-2-305 — Montana Human Rights Act housing discrimination prohibition |
| Nebraska | Neb. Rev. Stat. § 20-301 — Nebraska Fair Housing Act |
| Nevada | NRS 118.010 et seq. — Nevada Fair Housing Law |
| New Hampshire | RSA 354-A:10 — NH Law Against Discrimination (housing) |
| New Jersey | NJ Law Against Discrimination — source of income, N.J.S.A. 10:5-12(g) |
| New Mexico | NMSA § 28-1-7 — New Mexico Human Rights Act (housing discrimination) |
| New York | NY Executive Law § 296 — housing discrimination protections |
| North Carolina | N.C. Gen. Stat. § 41A-1 et seq. — NC State Fair Housing Act |
| North Dakota | N.D. Cent. Code § 14-02.4-12 — North Dakota Human Rights Act (Housing) |
| Oklahoma | Oklahoma Fair Housing Act, 25 Okl. St. § 1451 et seq. |
| Oregon | Oregon Fair Housing Law — ORS § 659A.421 |
| Pennsylvania | Pennsylvania Human Relations Act, 43 P.S. § 951 |
| Rhode Island | R.I. Gen. Laws § 34-37-1 et seq. — Rhode Island Fair Housing Practices Act |
| South Carolina | SC Fair Housing Law, S.C. Code § 31-21-10 et seq. |
| South Dakota | SDCL § 20-13-20 — Human Relations Act (Housing Discrimination) |
| Tennessee | Tennessee Human Rights Act, TCA § 4-21-101 et seq. |
| Texas | Texas Fair Housing Act, Tex. Prop. Code Ch. 301 |
| Utah | Utah Fair Housing Act — Utah Code § 57-21 |
| Vermont | 9 V.S.A. § 4503 — Vermont Fair Housing and Public Accommodations Act |
| Virginia | Virginia Fair Housing Law, Va. Code § 36-96.1 et seq. |
| Washington | Washington Law Against Discrimination, RCW 49.60.222 |
| West Virginia | W. Va. Code § 5-11-1 et seq. — WV Human Rights Act |
| Wisconsin | Wisconsin Open Housing Law, Wis. Stat. § 106.50 |
| Wyoming | Wyo. Stat. § 27-9-105 — Wyoming Fair Employment Act housing discrimination prohibition |
What is this right?
The Fair Housing Act passed in April 1968, a week after Martin Luther King Jr. was assassinated — Lyndon Johnson used the political window to push it through a Senate that had killed similar bills for years. It makes it illegal for landlords, real estate agents, lenders, sellers, and homeowners associations to discriminate based on seven protected classes: race, color, national origin, religion, sex (including sexual orientation and gender identity after Bostock), familial status (having children under 18), and disability. The 1988 amendments added familial status and disability; 2020 HUD guidance extended sex to LGBTQ+ identity.
Discrimination doesn't have to be obvious to be illegal. Refusing to rent to you outright is one form, but so are steering (suggesting you'd be happier in a different neighborhood), claiming a unit is "just rented" when it isn't, charging you a higher deposit than other applicants, applying screening criteria selectively, or running ads with discriminatory language. Texas Department of Housing v. Inclusive Communities Project (2015) confirmed that disparate-impact theory also applies — neutral-sounding policies that fall hardest on a protected group can be illegal even without intent.
When does it apply?
This right applies when:
- You are renting, buying, or applying for a mortgage
- A landlord, real estate agent, lender, or homeowners association treats you differently based on a protected characteristic
- Housing policies that appear neutral but disproportionately harm a protected group ("disparate impact")
Common misconceptions:
- "Small landlords are exempt from fair housing laws" — The Fair Housing Act exempts owner-occupied buildings with 4 or fewer units and single-family homes sold without a broker, but they're still subject to the prohibition on discriminatory advertising.
- "A landlord can refuse to rent to families with children" — Not unless the property qualifies as "housing for older persons" (55+ or 62+ communities meeting specific requirements).
- "My landlord can refuse to allow emotional support animals" — No. Under the Fair Housing Act, landlords must make reasonable accommodations for people with disabilities, including allowing emotional support animals even in no-pet buildings.
What to Do If You're Being Discriminated Against in Housing
Step 1: Document while it's fresh. Save emails, texts, voicemails, screenshots of the rental listing (especially Craigslist/Zillow listings that often disappear), and notes from every conversation with dates and times. Memory fades fast in these cases.
Step 2: File with HUD. Fair Housing Hotline at 1-800-669-9777 or online at hud.gov. The deadline is one year from the discriminatory act — short by litigation standards.
Step 3: Check your state or city protections too. Many states cover additional classes federal law doesn't — source of income (Section 8 voucher discrimination is illegal in CA, NY, MA, NJ, IL, WA, OR, CO, MN, DC, and dozens of cities), marital status, age, student status. State agencies sometimes move faster than HUD.
Step 4: Get a fair housing organization involved. Local fair housing nonprofits can run "testers" — paired applicants of different races or family sizes — to verify the discrimination. This is some of the most powerful evidence in housing cases.
Step 5: Consider a federal lawsuit. You have two years to sue under the FHA in federal court, with or without going through HUD first. Many fair housing attorneys work on contingency.
What should you NOT do?
Don't talk yourself out of it. Discrimination rarely comes with a slur. "Just rented," suddenly higher deposit requirements, suggestions about neighborhoods you'd "like better" — these all count.
Don't sleep on the deadlines. HUD: 1 year. Federal court: 2 years. State agency deadlines vary but are often shorter.
Don't accept discriminatory terms to "just get the place." A higher rent or stricter lease offered to you for a discriminatory reason is itself a violation — and your acceptance doesn't waive the claim.
Don't forget to log retaliation. Once you file, the landlord cannot legally evict you, raise your rent, or cut services in response. Document any of those acts and add them to the existing complaint.
Worked example
ScenarioA landlord tells you the apartment is 'no longer available' after learning you use a wheelchair, then rents it to someone else the next week.
OutcomeRefusing to rent because of a disability violates the federal Fair Housing Act. You can file a complaint with HUD within one year of the incident (HUD investigates at no cost), or file your own lawsuit in federal or state court within two years.
Verified against the Fair Housing Act — the one-year HUD deadline (42 U.S.C. §3610) and two-year court deadline (§3613); disability is one of seven federal protected classes. Your state may protect more groups — see your state's section.
You shouldn't have to hire a lawyer to assert your rights.
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What types of housing discrimination are illegal?
The Fair Housing Act bars refusing to rent or sell, offering different terms, lying about availability, steering people to certain areas, and refusing reasonable accommodations for a disability — when based on a protected characteristic like race, religion, sex, family status, or disability.
Who is protected under fair housing law?
Federally: race, color, religion, sex, national origin, familial status (having children), and disability. Many states and cities add categories like source of income, sexual orientation, gender identity, age, or marital status. Your state's section above lists its added protections.
How long do I have to file a housing discrimination complaint?
You can file with HUD within one year of the discriminatory act, and HUD investigates for free. Alternatively, you can file a lawsuit in federal or state court within two years. The two windows are separate, so missing the HUD deadline doesn't always bar a court case.
What is a 'reasonable accommodation'?
It's a change to a rule, policy, or practice so a person with a disability can use their home equally — like allowing a service animal despite a no-pets policy, or a reserved accessible parking space. Landlords must grant reasonable requests unless it's an undue burden.
What can I recover if I prove discrimination?
Remedies can include actual damages, access to the housing, civil penalties, and attorney's fees, and courts can order the landlord to change practices. Amounts vary by case and by whether you go through HUD or court. See your state's section above for state-law remedies.
State-by-state details
Alabama
Primary statute: Alabama Fair Housing Law, Ala. Code § 24-8-1 et seq.
Alabama prohibits housing discrimination under the Alabama Fair Housing Law:
- Protected classes match federal law: race, color, religion, sex, national origin, disability, familial status
- Alabama does not add additional protected classes
- Enforced by the Alabama Human Rights Commission and HUD. The Alabama Center for Fair Housing (a private nonprofit) also provides assistance
Alaska
Primary statute: Alaska Human Rights Law — Alaska Stat. § 18.80.240
Alaska prohibits housing discrimination under the Alaska Human Rights Law and federal Fair Housing Act:
- The Alaska Human Rights Law (Alaska Stat. § 18.80.240) prohibits discrimination in housing
- Protected classes include race, color, religion, sex, national origin, disability, familial status, marital status, pregnancy, and parenthood
- Alaska adds marital status, pregnancy, and parenthood as additional protected classes beyond federal law
- The Alaska State Commission for Human Rights investigates complaints
- Complaints must be filed within 180 days of the discriminatory act
Arizona
Primary statute: A.R.S. § 41-1491 et seq. — Arizona Fair Housing Act (enforcement by AG Civil Rights Division)
Arizona prohibits housing discrimination under the Arizona Fair Housing Act in addition to the federal Fair Housing Act:
- Arizona protects the same classes as the federal Fair Housing Act: race, color, religion, sex, national origin, disability, familial status
- Arizona does not add additional protected classes beyond federal law at the state level
- Some Arizona municipalities (e.g., Phoenix, Tucson, Flagstaff, Tempe) have local ordinances adding protections for sexual orientation, gender identity, and/or source of income
- Applies to sales, rentals, lending, insurance, and advertising
- Reasonable accommodations for disabilities are required
- The Arizona Attorney General's Civil Rights Division enforces the Arizona Fair Housing Act
Arkansas
Primary statute: Arkansas Civil Rights Act — Housing Discrimination, Ark. Code § 16-123-201 et seq.
Arkansas prohibits housing discrimination under the Arkansas Civil Rights Act and federal Fair Housing Act:
- The Arkansas Civil Rights Act (Ark. Code § 16-123-201 et seq.) prohibits discrimination in housing
- Protected classes include race, color, religion, sex, national origin, disability, and familial status
- Arkansas does not add additional protected classes beyond federal categories for housing
- Complaints can be filed with the Arkansas Fair Housing Commission or HUD
- Complaints must be filed within 1 year of the discriminatory act
California
Primary statute: California Government Code § 12955 — FEHA housing discrimination protections
California's Fair Employment and Housing Act (FEHA) provides broader protections than the federal Fair Housing Act:
- Additional protected classes: FEHA adds source of income (including Section 8 vouchers), marital status, sexual orientation, gender identity, gender expression, genetic information, primary language, immigration status, and military/veteran status.
- Source of income protection: Landlords cannot refuse to rent to you because you use a Section 8 Housing Choice Voucher or other government rental assistance. This is a state-level protection not found in federal law.
- No small landlord exemption for discrimination: While the federal FHA exempts owner-occupied buildings with 4 or fewer units, California's FEHA has a narrower exemption (owner-occupied single-family home, not advertised).
Colorado
Primary statute: C.R.S. § 24-34-502 — Colorado Anti-Discrimination Act (housing, broader classes than federal)
Colorado prohibits housing discrimination under both the federal Fair Housing Act and the Colorado Anti-Discrimination Act, with broader protections:
- Colorado Anti-Discrimination Act (CRS § 24-34-502) adds protections beyond federal law
- State protected classes: race, color, religion, sex, national origin, disability, familial status, ancestry, creed, marital status, sexual orientation, gender identity, and gender expression
- Source of income discrimination (Section 8 vouchers) is prohibited in Colorado (CRS § 24-34-502.2)
- Applies to sales, rentals, lending, insurance, and advertising
- Reasonable accommodation requests for disabilities must be granted unless they cause undue hardship
- Colorado provides strong protections for individuals in assisted housing programs
Connecticut
Primary statute: CGS § 46a-64c — Connecticut Fair Housing Act
Connecticut has strong anti-discrimination protections exceeding federal law:
- The Connecticut Fair Housing Act prohibits discrimination in housing
- Protected classes include race, color, religion, sex, national origin, disability, familial status, marital status, age, ancestry, sexual orientation, gender identity or expression, and lawful source of income
- Connecticut adds significantly more protected classes than federal law
- The Connecticut Commission on Human Rights and Opportunities (CHRO) investigates complaints
- Complaints must be filed within 180 days of the discriminatory act with CHRO
Delaware
Primary statute: Delaware Fair Housing Act, 6 Del. C. § 4601 et seq.
Full Delaware guide →District of Columbia
Primary statute: D.C. Human Rights Act — housing discrimination, D.C. Code § 2-1402.21
D.C.'s Human Rights Act provides extremely broad housing discrimination protections:
- Additional protected classes: D.C. adds source of income, marital status, personal appearance, sexual orientation, gender identity, family responsibilities, matriculation (student status), political affiliation, place of residence, and status as a victim of an intrafamily offense.
- Source of income protection: D.C. was one of the first jurisdictions to protect tenants using Section 8 vouchers and other forms of rental assistance.
- Broadest protection in the U.S.: With 20+ protected characteristics, D.C.'s Human Rights Act is one of the most comprehensive anti-discrimination laws in the country.
- OHR enforcement: The D.C. Office of Human Rights (OHR) actively investigates housing discrimination complaints and can impose fines and order remedies.
Florida
Primary statute: Florida Fair Housing Act, Fla. Stat. § 760.20-760.37
Florida's fair housing law closely mirrors the federal Fair Housing Act:
- Florida Fair Housing Act (Fla. Stat. § 760.20-760.37): Prohibits discrimination in housing based on race, color, national origin, sex, disability, religion, and familial status — matching the federal protected classes.
- No source of income protection: Florida does not protect tenants who use Section 8 vouchers or other housing assistance from discrimination. Landlords can refuse to accept vouchers.
- No sexual orientation/gender identity protection: Florida's state fair housing law does not include sexual orientation or gender identity as protected classes. Some local ordinances (Miami-Dade, Broward, Orange County) provide these protections.
- Florida Commission on Human Relations (FCHR): Investigates housing discrimination complaints. Filing deadline is 365 days from the discriminatory act.
Hawaii
Primary statute: Hawaii Fair Housing Law — HRS § 515
Hawaii has some of the broadest housing discrimination protections in the nation:
- The Hawaii Civil Rights Commission enforces the Hawaii Fair Housing Law
- Protected classes include race, color, religion, sex, national origin, ancestry, disability, familial status, age, marital status, HIV status, and sexual orientation and gender identity
- Hawaii was one of the first states to prohibit housing discrimination based on sexual orientation
- Complaints must be filed within 1 year (180 days for HUD cross-filing)
- Hawaii's diverse population and history make anti-discrimination protections particularly significant
Idaho
Primary statute: Idaho Code § 67-5909 — Idaho Human Rights Act housing discrimination prohibition
Full Idaho guide →Illinois
Primary statute: 775 ILCS 5 — Illinois Human Rights Act (source of income, sexual orientation protected classes)
Full Illinois guide →Indiana
Primary statute: Indiana Civil Rights Law, IC § 22-9.5 — state housing discrimination prohibition
Indiana prohibits housing discrimination under both the federal Fair Housing Act and the Indiana Civil Rights Law:
- The Indiana Civil Rights Law (IC § 22-9.5) mirrors federal Fair Housing Act protections
- Protected classes: race, color, religion, sex, national origin, disability, familial status (same as federal)
- Indiana does not add additional protected classes beyond federal law at the state level
- Applies to sales, rentals, lending, insurance, and advertising
- Landlords cannot refuse to rent, set different terms, or harass tenants based on protected characteristics
- Reasonable accommodation requests for disabilities must be granted unless they cause undue hardship
Iowa
Primary statute: Iowa Code § 216 — Iowa Civil Rights Act
Iowa prohibits housing discrimination under the Iowa Civil Rights Act and federal law:
- The Iowa Civil Rights Act (Iowa Code § 216) prohibits discrimination in housing
- Protected classes include race, color, religion, sex, national origin, disability, familial status, creed, sexual orientation, and gender identity
- Iowa adds sexual orientation and gender identity as protected classes beyond federal law
- The Iowa Civil Rights Commission investigates housing discrimination complaints
- Complaints must be filed within 300 days of the discriminatory act
Kansas
Primary statute: K.S.A. § 44-1015 — Kansas Act Against Discrimination (Housing)
Kansas prohibits housing discrimination under the Kansas Act Against Discrimination and federal law:
- The Kansas Act Against Discrimination (K.S.A. § 44-1015 et seq.) prohibits discrimination in housing
- Protected classes include race, color, religion, sex, national origin, disability, familial status, and ancestry
- Kansas adds ancestry as a protected class beyond some federal categories
- The Kansas Human Rights Commission investigates complaints
- Complaints must be filed within 300 days of the discriminatory act
Kentucky
Primary statute: Kentucky Civil Rights Act, KRS § 344.360 et seq.
Kentucky prohibits housing discrimination under the Kentucky Civil Rights Act:
- Protected classes match federal law: race, color, religion, sex, national origin, disability, familial status
- Note: Kentucky protects smoking status in employment but this does not extend to housing
- The Kentucky Commission on Human Rights enforces the law
- Applies to sales, rentals, lending, and advertising
Louisiana
Primary statute: Louisiana Equal Housing Opportunity Act, La. R.S. § 51:2601 et seq.
Louisiana prohibits housing discrimination under the Louisiana Equal Housing Opportunity Act:
- Protected classes match federal law: race, color, religion, sex, national origin, disability, familial status
- Louisiana does not add additional protected classes beyond federal law at the state level
- Some Louisiana municipalities have added protections for sexual orientation and gender identity
Maine
Primary statute: 5 M.R.S.A. § 4581 et seq. — Maine Human Rights Act (housing)
Maine prohibits housing discrimination under the Maine Human Rights Act and federal law:
- The Maine Human Rights Act (5 M.R.S.A. § 4581 et seq.) prohibits housing discrimination
- Protected classes include race, color, religion, sex, national origin, ancestry, disability, familial status, and sexual orientation (including gender identity)
- Maine was one of the first states to add sexual orientation protections (by voter referendum in 2005)
- The Maine Human Rights Commission investigates complaints
- Complaints must be filed within 300 days of the discriminatory act
Maryland
Primary statute: Maryland Fair Housing Law, MD Code, State Government § 20-701 et seq.
Maryland prohibits housing discrimination under both the federal Fair Housing Act and the Maryland Fair Housing Law, with broader protections:
- Maryland Fair Housing Law (MD Code, State Government § 20-701 et seq.) adds protections beyond federal law
- State protected classes: race, color, religion, sex, national origin, disability, familial status, marital status, sexual orientation, gender identity, and source of income
- Source of income discrimination (Section 8 vouchers) is prohibited in Maryland
- Applies to sales, rentals, lending, insurance, and advertising
- Reasonable accommodation requests for disabilities must be granted unless they cause undue hardship
- Local jurisdictions (Montgomery County, Howard County, etc.) may have additional protections
Massachusetts
Primary statute: MGL c. 151B, § 4 — Massachusetts Fair Housing Law (includes source-of-income, sexual orientation, gender identity)
Massachusetts prohibits housing discrimination under both the federal Fair Housing Act and state law, with broader protections:
- MA Fair Housing Law (MGL c. 151B) adds protections beyond federal law
- State protected classes: race, color, religion, sex, national origin, disability, familial status, age, sexual orientation, gender identity, marital status, ancestry, genetic information, veteran/military status, and receipt of public assistance
- Source of income discrimination (Section 8 vouchers) is prohibited in Massachusetts
- Applies to sales, rentals, lending, insurance, and advertising
- Reasonable accommodation requests for disabilities must be granted unless they cause undue hardship
- No owner-occupied exemption for buildings with 3 or more units under state law
Michigan
Primary statute: Michigan Elliott-Larsen Civil Rights Act, MCL § 37.2101 et seq. (housing discrimination)
Michigan prohibits housing discrimination under the Elliott-Larsen Civil Rights Act, which is broader than federal law:
- Michigan protects all federal Fair Housing Act classes: race, color, religion, sex, national origin, disability, familial status
- Michigan's Elliott-Larsen Act additionally protects against discrimination based on: age, marital status, and height/weight
- Following the 2022 Rouch World v. Michigan ruling, Michigan courts have interpreted sex discrimination to include sexual orientation and gender identity
- Applies to sales, rentals, lending, insurance, and advertising
- Reasonable accommodation for disabilities is required
Minnesota
Primary statute: Minn. Stat. § 363A.09 — Unfair Discriminatory Practices in Real Property
Minnesota prohibits housing discrimination under the Minnesota Human Rights Act, which is broader than federal law:
- Protected classes include all federal categories plus: sexual orientation, gender identity, marital status, public assistance status, familial status, and local human rights commission activity
- Minnesota was one of the first states to protect sexual orientation in housing
- Applies to sales, rentals, lending, and advertising
- Reasonable accommodation for disabilities is required
Mississippi
Primary statute: Miss. Code Ann. § 43-33-701 et seq. — Mississippi fair housing provisions
Mississippi prohibits housing discrimination primarily through federal law:
- The federal Fair Housing Act applies in Mississippi
- Mississippi does not have a comprehensive state fair housing law
- Protected classes are those under federal law: race, color, religion, sex, national origin, disability, and familial status
- Mississippi does not add additional protected classes for housing
- Complaints are handled primarily by HUD
Missouri
Primary statute: Missouri Human Rights Act — Housing Discrimination, RSMo § 213.040
Full Missouri guide →Montana
Primary statute: Mont. Code Ann. § 49-2-305 — Montana Human Rights Act housing discrimination prohibition
Montana prohibits housing discrimination under the Montana Human Rights Act and federal law:
- The Montana Human Rights Act (Mont. Code Ann. § 49-2-305) prohibits discrimination in housing
- Protected classes include race, color, religion, sex, national origin, disability, familial status, creed, age, marital status, and political beliefs
- Montana is one of the few states that protects against housing discrimination based on political beliefs
- The Montana Human Rights Bureau investigates complaints
- Complaints must be filed within 180 days of the discriminatory act
Nebraska
Primary statute: Neb. Rev. Stat. § 20-301 — Nebraska Fair Housing Act
Nebraska prohibits housing discrimination under both federal and state law:
- The Nebraska Fair Housing Act (Neb. Rev. Stat. § 20-301 et seq.) mirrors the federal Fair Housing Act
- Protected classes include race, color, religion, sex, familial status, national origin, and disability
- Nebraska also prohibits discrimination based on ancestry in housing
- The Nebraska Equal Opportunity Commission (NEOC) investigates housing discrimination complaints
- Complaints must be filed within 1 year of the discriminatory act with the NEOC
Nevada
Primary statute: NRS 118.010 et seq. — Nevada Fair Housing Law
Nevada prohibits housing discrimination under the Nevada Fair Housing Law and federal law:
- The Nevada Fair Housing Law (Nev. Rev. Stat. § 118.010 et seq.) prohibits discrimination in housing
- Protected classes include race, color, religion, sex, national origin, disability, familial status, sexual orientation, gender identity or expression, and ancestry
- Nevada adds additional protected classes beyond federal law
- The Nevada Equal Rights Commission investigates complaints
- Complaints must be filed within 1 year of the discriminatory act
New Hampshire
Primary statute: RSA 354-A:10 — NH Law Against Discrimination (housing)
New Hampshire prohibits housing discrimination under the NH Law Against Discrimination and federal law:
- The NH Law Against Discrimination (RSA 354-A) prohibits housing discrimination
- Protected classes include race, color, religion, sex, national origin, age, disability, familial status, marital status, and sexual orientation
- New Hampshire was an early adopter of sexual orientation protections in housing
- The NH Commission for Human Rights investigates complaints
- Complaints must be filed within 180 days of the discriminatory act
New Jersey
Primary statute: NJ Law Against Discrimination — source of income, N.J.S.A. 10:5-12(g)
New Jersey's Law Against Discrimination (LAD) is one of the strongest anti-discrimination laws in the nation:
- Additional protected classes: NJ LAD adds source of income (Section 8 vouchers), marital status, sexual orientation, gender identity, domestic partnership status, nationality, and atypical hereditary cellular or blood trait.
- Source of income protection: Since 2002, NJ landlords cannot refuse to rent to tenants using Section 8 vouchers. This was one of the first states to enact such protection.
- No small landlord exemption: NJ LAD applies to ALL landlords, including owner-occupied buildings with fewer than 4 units.
- Punitive damages available: NJ LAD allows for compensatory and punitive damages, attorney fees, and injunctive relief.
New Mexico
Primary statute: NMSA § 28-1-7 — New Mexico Human Rights Act (housing discrimination)
New Mexico prohibits housing discrimination under the New Mexico Human Rights Act and federal law:
- The New Mexico Human Rights Act (NMSA § 28-1-7) prohibits discrimination in housing
- Protected classes include race, color, religion, sex, national origin, disability, familial status, ancestry, sexual orientation, gender identity, and spousal affiliation
- New Mexico adds several protected classes beyond federal law
- The New Mexico Human Rights Bureau investigates complaints
- Complaints must be filed within 300 days of the discriminatory act
New York
Primary statute: NY Executive Law § 296 — housing discrimination protections
New York's Human Rights Law provides some of the broadest housing discrimination protections in the country:
- Additional protected classes: NY adds source of income (including Section 8), lawful occupation, marital status, sexual orientation, gender identity, military status, age, and domestic violence victim status.
- Source of income (statewide): Since 2019, landlords statewide cannot refuse to rent based on lawful source of income, including Section 8 vouchers.
- NYC Human Rights Law: NYC has its own law (NYC Admin Code § 8-107) that is even broader, adding protections for arrest/conviction record, credit history, and immigration status.
- Testing programs: The NYC Commission on Human Rights actively conducts "testing" — sending paired applicants of different backgrounds to detect discrimination.
North Carolina
Primary statute: N.C. Gen. Stat. § 41A-1 et seq. — NC State Fair Housing Act
North Carolina prohibits housing discrimination under both the federal Fair Housing Act and the NC State Fair Housing Act:
- Protected classes under NC law: race, color, religion, sex, national origin, disability, familial status (same as federal)
- NC does not add additional protected classes beyond federal law at the state level
- Some NC municipalities (e.g., Charlotte, Durham) have added protections for sexual orientation and gender identity
- Applies to sales, rentals, lending, insurance, and advertising
- Landlords cannot refuse to rent, set different terms, or harass tenants based on protected characteristics
- Reasonable accommodation requests for disabilities must be granted unless they cause undue hardship
North Dakota
Primary statute: N.D. Cent. Code § 14-02.4-12 — North Dakota Human Rights Act (Housing)
North Dakota prohibits housing discrimination under the North Dakota Human Rights Act and federal law:
- The North Dakota Human Rights Act (N.D. Cent. Code § 14-02.4-12) prohibits discrimination in housing
- Protected classes include race, color, religion, sex, national origin, disability, familial status, age, marital status, public assistance status, and participation in lawful activity
- North Dakota adds several additional protected classes beyond federal law
- The North Dakota Department of Labor and Human Rights investigates complaints
- Complaints must be filed within 300 days of the discriminatory act
Oklahoma
Primary statute: Oklahoma Fair Housing Act, 25 Okl. St. § 1451 et seq.
Oklahoma prohibits housing discrimination under the Oklahoma Fair Housing Act:
- Protected classes match federal law: race, color, religion, sex, national origin, disability, familial status
- Oklahoma does not add additional protected classes
- Administered by the Oklahoma Human Rights Commission
Oregon
Primary statute: Oregon Fair Housing Law — ORS § 659A.421
Oregon prohibits housing discrimination under the Oregon Fair Housing Law, which is broader than federal law:
- Protected classes include all federal categories plus: sexual orientation, gender identity, marital status, source of income (including Section 8 vouchers)
- Oregon was one of the first states to prohibit source-of-income discrimination — landlords generally cannot refuse Section 8 vouchers
- Administered by the Bureau of Labor and Industries (BOLI)
Pennsylvania
Primary statute: Pennsylvania Human Relations Act, 43 P.S. § 951
Pennsylvania provides additional protected classes beyond federal law:
- PA Human Relations Act (43 P.S. § 951 et seq.): Adds age (40+), ancestry, disability, use of a guide or support animal, and familial status to the list of protected classes. Covers most housing transactions.
- Philadelphia Fair Practices Ordinance: Adds source of income, gender identity, sexual orientation, domestic/sexual violence victim status, and familial status. Philadelphia has one of the broadest fair housing laws in the country.
- Source of income protection: Philadelphia and several other PA municipalities protect tenants who use Section 8 or other housing assistance. This is not a statewide protection.
- PA Human Relations Commission (PHRC): Investigates housing discrimination complaints. Filing deadline is 180 days from the discriminatory act.
Rhode Island
Primary statute: R.I. Gen. Laws § 34-37-1 et seq. — Rhode Island Fair Housing Practices Act
Rhode Island prohibits housing discrimination under the Rhode Island Fair Housing Practices Act:
- The Fair Housing Practices Act (R.I. Gen. Laws § 34-37-1 et seq.) prohibits discrimination in housing
- Protected classes include race, color, religion, sex, national origin, disability, familial status, sexual orientation, gender identity or expression, marital status, age, ancestry, and housing status
- Rhode Island has among the most extensive anti-discrimination protections in the nation
- The Rhode Island Commission for Human Rights investigates complaints
- Complaints must be filed within 1 year of the discriminatory act
South Carolina
Primary statute: SC Fair Housing Law, S.C. Code § 31-21-10 et seq.
South Carolina prohibits housing discrimination under the SC Fair Housing Law:
- Protected classes match federal law: race, color, religion, sex, national origin, disability, familial status
- SC does not add additional protected classes beyond federal law
- Administered by the SC Human Affairs Commission
South Dakota
Primary statute: SDCL § 20-13-20 — Human Relations Act (Housing Discrimination)
South Dakota prohibits housing discrimination under the South Dakota Human Relations Act and federal law:
- The South Dakota Human Relations Act (SDCL § 20-13-20) prohibits discrimination in housing
- Protected classes include race, color, religion, sex, national origin, disability, and familial status
- South Dakota also prohibits discrimination based on creed and ancestry
- The South Dakota Division of Human Rights investigates complaints
- Complaints must be filed within 180 days of the discriminatory act
Tennessee
Primary statute: Tennessee Human Rights Act, TCA § 4-21-101 et seq.
Tennessee prohibits housing discrimination under both the federal Fair Housing Act and the Tennessee Human Rights Act:
- The Tennessee Human Rights Act (TCA § 4-21-101 et seq.) mirrors federal Fair Housing Act protections
- Protected classes: race, color, religion, sex, national origin, disability, familial status (same as federal)
- Tennessee does not add additional protected classes beyond federal law at the state level
- Applies to sales, rentals, lending, insurance, and advertising
- Landlords cannot refuse to rent, set different terms, or harass tenants based on protected characteristics
- Reasonable accommodation requests for disabilities must be granted unless they cause undue hardship
Texas
Primary statute: Texas Fair Housing Act, Tex. Prop. Code Ch. 301
Texas follows the federal Fair Housing Act with limited additional state protections:
- Texas Fair Housing Act: Texas Property Code Chapter 301 mirrors the federal FHA, covering the same 7 protected classes.
- No source of income protection: Texas does not protect tenants who use Section 8 vouchers. Landlords can refuse to accept vouchers.
- No additional protected classes: Texas does not add state-level protections beyond the federal FHA.
- Local protections: Some Texas cities (Austin, Dallas, San Antonio) have passed local ordinances with additional protections, but enforcement varies.
Utah
Primary statute: Utah Fair Housing Act — Utah Code § 57-21
Utah prohibits housing discrimination under the Utah Fair Housing Act and federal law:
- The Utah Fair Housing Act (Utah Code § 57-21-1 et seq.) prohibits discrimination in housing
- Protected classes include race, color, religion, sex, national origin, disability, familial status, and source of income
- Utah adds source of income as a protected class beyond federal law
- The Utah Antidiscrimination and Labor Division investigates complaints
- Complaints must be filed within 180 days of the discriminatory act
Vermont
Primary statute: 9 V.S.A. § 4503 — Vermont Fair Housing and Public Accommodations Act
Vermont prohibits housing discrimination under the Vermont Fair Housing and Public Accommodations Act:
- 9 V.S.A. § 4503 prohibits discrimination in housing
- Protected classes include race, color, religion, sex, national origin, disability, familial status, sexual orientation, gender identity, age, marital status, receipt of public assistance, and HIV status
- Vermont has among the most comprehensive anti-discrimination protections in the nation
- The Vermont Human Rights Commission investigates complaints
- Complaints must be filed within 1 year of the discriminatory act
Virginia
Primary statute: Virginia Fair Housing Law, Va. Code § 36-96.1 et seq.
Virginia prohibits housing discrimination under the Virginia Fair Housing Law, which is broader than federal law:
- Virginia protects all federal Fair Housing Act classes: race, color, religion, sex, national origin, disability, familial status
- Virginia additionally protects against discrimination based on: elderliness (age 55+), sexual orientation, gender identity, veteran status, and source of funds (including housing vouchers)
- Source of funds protection means landlords generally cannot refuse Section 8 or other housing vouchers
- Applies to sales, rentals, lending, insurance, and advertising
- Reasonable accommodations for disabilities are required
Washington
Primary statute: Washington Law Against Discrimination, RCW 49.60.222
Washington prohibits housing discrimination under the Washington Law Against Discrimination (WLAD), which is broader than federal law:
- Washington protects all federal Fair Housing Act classes: race, color, religion, sex, national origin, disability, familial status
- Washington additionally protects against discrimination based on: sexual orientation, gender identity, marital status, veteran/military status, and use of a service or assistance animal
- Source of income discrimination is prohibited — landlords cannot refuse tenants because they use Section 8 vouchers or other housing subsidies
- Applies to sales, rentals, lending, insurance, and advertising
- Washington requires reasonable accommodations for disabilities and service/assistance animals
West Virginia
Primary statute: W. Va. Code § 5-11-1 et seq. — WV Human Rights Act
West Virginia prohibits housing discrimination under the WV Human Rights Act and the federal Fair Housing Act:
- The WV Human Rights Act (W. Va. Code § 5-11-1 et seq.) prohibits discrimination in housing
- Protected classes include race, color, religion, sex, national origin, ancestry, disability, familial status, and age (40+)
- West Virginia adds ancestry and age as protected classes beyond federal law
- The WV Human Rights Commission investigates complaints
- Complaints must be filed within 365 days of the discriminatory act
Wisconsin
Primary statute: Wisconsin Open Housing Law, Wis. Stat. § 106.50
Wisconsin prohibits housing discrimination under both the federal Fair Housing Act and the Wisconsin Open Housing Law, with broader protections:
- Wisconsin Open Housing Law (Wis. Stat. § 106.50) adds protections beyond federal law
- State protected classes: race, color, religion, sex, national origin, disability, familial status, age, ancestry, sexual orientation, marital status, lawful source of income, and status as a victim of domestic abuse, sexual assault, or stalking
- Source of income discrimination is prohibited in Wisconsin
- Applies to sales, rentals, lending, insurance, and advertising
- Reasonable accommodation requests for disabilities must be granted unless they cause undue hardship
- Complaints must be filed within 1 year of the discriminatory act
Wyoming
Primary statute: Wyo. Stat. § 27-9-105 — Wyoming Fair Employment Act housing discrimination prohibition
Wyoming prohibits housing discrimination under the Wyoming Fair Employment Act and federal law:
- The Wyoming Fair Employment Act (Wyo. Stat. § 27-9-105) includes provisions addressing housing discrimination
- Protected classes include race, color, religion, sex, national origin, disability, and familial status
- Wyoming does not add significant additional protected classes beyond federal law for housing
- The Wyoming Department of Workforce Services handles discrimination complaints
- Complaints must be filed within 180 days of the discriminatory act