Housing Discrimination
Written in plain language for general understanding. This is educational content, not legal advice. Based on federal statutes and official sources.
What is this right?
The Fair Housing Act makes it illegal for landlords, real estate agents, lenders, and others to discriminate against you in housing based on race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status (having children), or disability.
Discrimination can be obvious (refusing to rent to you) or subtle (steering you to certain neighborhoods, charging higher deposits, or lying about availability). Both are illegal.
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 should you do?
Step 1: Document the discrimination. Save emails, texts, voicemails, rental listings, and notes from conversations. Write down dates, times, and what was said.
Step 2: File a complaint with HUD. Call the Fair Housing Hotline at 1-800-669-9777 or file online at hud.gov. You must file within one year of the discriminatory act.
Step 3: Contact your state or local fair housing agency — many have additional protected classes (source of income, marital status, student status) beyond the federal list.
Step 4: Consider testing. Fair housing organizations can send "testers" (people of different backgrounds) to verify if discrimination is occurring. This creates powerful evidence.
Step 5: You can also file a federal lawsuit within 2 years of the discriminatory act. Many fair housing attorneys work on contingency.
What should you NOT do?
Don't assume it's not discrimination. Subtle discrimination ("the unit was just rented" when it wasn't, or steering you to "a neighborhood you'd like better") is still illegal.
Don't wait too long. HUD complaints must be filed within 1 year. Federal lawsuits within 2 years. State deadlines vary.
Don't accept discriminatory terms. If a landlord offers you a lease with higher rent or worse terms than other tenants for discriminatory reasons, you have a claim.
Don't retaliate-proof yourself. If you file a complaint, it is illegal for the landlord to retaliate against you (evict, raise rent, reduce services). Document any retaliation and add it to your complaint.
How Washington differs from federal law
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
Additional Steps in Washington
File a housing discrimination complaint with the Washington State Human Rights Commission at (800) 233-3247 or online at hum.wa.gov. You can also file with HUD at 1-800-669-9777. Complaints must be filed within 1 year of the discriminatory act.
Relevant Law: Washington Law Against Discrimination, RCW 49.60.222 et seq. Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.
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