If you've been treated unfairly in your housing search, rental, or tenancy because of who you are, you may have experienced housing discrimination — and you have the right to do something about it. The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status (having children under 18), and disability. Many state and local laws add additional protections, including source of income (voucher) discrimination. Here's how to take action.
What Counts as Housing Discrimination
Housing discrimination can take many forms. It's not always someone saying "I won't rent to you because of your race." More often it's subtler. Here are common examples:
- Refusal to rent or sell — being told a unit is unavailable when it's actually open, or being given different terms than other applicants
- Different treatment — being quoted a higher rent, required to pay a larger deposit, or subjected to stricter screening than others
- Steering — being directed toward or away from certain neighborhoods or buildings based on your race, ethnicity, or other protected characteristic
- Harassment — a landlord making discriminatory comments, creating a hostile living environment, or retaliating against you for asserting your rights
- Denying a reasonable accommodation — refusing to make disability-related policy changes or physical modifications
- Familial status discrimination — refusing to rent to families with children, imposing occupancy limits that disproportionately affect families, or restricting where children can play
- Source of income discrimination — refusing to accept your Section 8 voucher in a jurisdiction where that's illegal
- Retaliation — punishing you (eviction threats, lease non-renewal, increased harassment) for filing a complaint or exercising your fair housing rights
Step 1: Document the Discrimination
Good documentation is the backbone of a successful complaint. Start collecting evidence immediately — even before you decide whether to file.
Write down exactly what happened. Include dates, times, locations, who was involved, and the specific words or actions. Do this as soon as possible while your memory is fresh.
Save all communications. Emails, text messages, voicemails, letters, online listings, and screenshots of any relevant web pages. If a landlord posted an ad with discriminatory language, screenshot it before it can be taken down.
Keep a record of witnesses. If anyone else was present or has relevant information, note their names and contact information.
Compare treatment. If you believe you were treated differently than others, document the comparison. For example, if a landlord told you the unit wasn't available but then rented it to someone of a different race, that comparison is important evidence.
Step 2: File with HUD (Federal Complaint)
You can file a housing discrimination complaint with HUD's Office of Fair Housing and Equal Opportunity (FHEO). There's no cost to file, and you don't need a lawyer.
Online: File at HUD's Online Complaint Portal. You'll fill out a form describing what happened, who was involved, and the basis for your complaint (race, disability, etc.).
By phone: Call HUD's fair housing hotline at 1-800-669-9777 (voice) or 1-800-927-9275 (TTY). You can file the complaint over the phone with a HUD intake specialist.
By mail: Download the complaint form from HUD's website and mail it to your regional HUD office. Find your regional office at HUD's FHEO contact page.
Deadline: You must file within one year of the last discriminatory act. Don't wait — the sooner you file, the stronger your case and the fresher the evidence.
Step 3: What Happens After You File
After HUD receives your complaint, here's the process:
HUD reviews the complaint to determine if it falls under their jurisdiction and states a valid claim. If it does, they'll notify the person or entity you filed against (the "respondent").
Investigation. HUD will investigate your complaint. This includes interviewing you, the respondent, and any witnesses; reviewing documents; and gathering other evidence. HUD aims to complete investigations within 100 days, though complex cases may take longer.
Conciliation. At any point during the investigation, HUD may attempt conciliation — an agreement between you and the respondent to resolve the complaint. This can include financial compensation, policy changes, or other remedies. Conciliation is voluntary; you're not required to accept it.
Determination. If the investigation finds reasonable cause to believe discrimination occurred, HUD will issue a charge of discrimination. At that point, the case goes to an administrative hearing before a HUD Administrative Law Judge — unless either party elects to have the case heard in federal court instead.
Remedies. If discrimination is found, remedies can include compensatory damages (for emotional distress, out-of-pocket costs), injunctive relief (requiring the landlord to change their policies), civil penalties, and attorney's fees.
Alternative: File with Your State or Local Agency
Many states and cities have their own fair housing enforcement agencies. These agencies often have additional protected categories beyond federal law (such as source of income, criminal history, or immigration status protections) and may investigate complaints faster than HUD.
When you file with HUD, your complaint may be automatically referred to the appropriate state or local agency if one exists and has "substantially equivalent" laws. You can also file directly with your state or local agency.
To find your local agency, search for "fair housing agency [your state or city]" or contact the National Fair Housing Alliance at nationalfairhousing.org.
Alternative: Contact a Fair Housing Organization
Nonprofit fair housing organizations exist in most metropolitan areas and can provide free services including:
- Intake and complaint assistance — helping you document and file your complaint
- Testing — sending trained investigators to determine whether a landlord is treating applicants differently based on protected characteristics
- Legal representation — some organizations have attorneys who can represent you in fair housing proceedings at no cost
- Mediation — helping resolve the complaint through direct negotiation
These organizations are often the fastest path to resolution, especially for straightforward cases. They deal with housing discrimination every day and know what works.
Protecting Yourself from Retaliation
It is illegal for a landlord to retaliate against you for filing a housing discrimination complaint. Retaliation includes eviction, lease non-renewal, rent increases, harassment, or any other adverse action taken because you filed a complaint or participated in an investigation.
If you experience retaliation, document it and report it immediately — both to the agency handling your original complaint and as a new violation. Retaliation is itself a separate fair housing violation and can result in additional penalties.
Key Contacts
HUD Fair Housing Hotline: 1-800-669-9777 (voice) | 1-800-927-9275 (TTY)
File online: HUD FHEO Complaint Portal
National Fair Housing Alliance: nationalfairhousing.org
Legal aid: Search "legal aid [your city]" or visit LawHelp.org to find free legal assistance near you.