Fair Housing Act Compliance Checklist (Federal)

Comprehensive Fair Housing Act compliance checklist: protected classes, advertising, tenant screening, reasonable accommodations, and avoiding discrimination lawsuits.

16 min read
Updated Mar 12, 2026
8 items
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The Fair Housing Act prohibits discrimination based on 7 protected classes. Violations result in HUD complaints, lawsuits, and penalties up to $100k+.

Protected Classes & Prohibitions

Understanding FHA protected classes

7 protected classes under FHA

beginner
essential

Race, color, national origin, religion, sex, familial status, disability. Cannot discriminate in any housing decision.

Legal Note: Many states add sexual orientation, gender identity, source of income (Section 8)

Familial status protection

beginner
essential

Cannot refuse families with children <18. Exception: HUD-approved 55+ senior housing.

Pro Tip: Cannot ask "Do you have kids?" or advertise "adults only" unless 55+ exemption

Reasonable accommodations required

intermediate
essential

Must allow service/emotional support animals even if "no pets". Allow modifications at tenant expense.

Legal Note: Cannot charge pet deposit/rent for service/ESA animals - FHA violation

Advertising & Marketing

FHA-compliant advertising

Use non-discriminatory language

beginner
essential

Avoid: "perfect for single professional", "adults only", "no Section 8", "great for Christians".

Pro Tip: Use Equal Housing Opportunity logo on all ads and marketing

Be careful with human images in ads

intermediate
recommended

Photos showing only certain demographics can imply preference. Use diverse or no human images.

Tenant Screening & Selection

Non-discriminatory screening practices

Apply same criteria to all applicants

beginner
essential

Income (2.5-3x rent), credit score (620+), rental history, background check. Document reasons.

Pro Tip: Written screening criteria protects against discrimination claims

Avoid prohibited questions

beginner
essential

Cannot ask: national origin, religion, family plans, disability status, age (except 18+ verification).

Source of income discrimination

intermediate
recommended

Many states/cities prohibit refusing Section 8. Check local law.

Legal Note: CA, NY, IL, NJ, others prohibit Section 8 discrimination

Pro Tips

  • Document ALL screening decisions with objective criteria - protects against discrimination claims
  • Never say "no Section 8" in states/cities that prohibit source of income discrimination
  • Train all staff on FHA - liability extends to property managers and leasing agents
  • Use Equal Housing Opportunity statement on all marketing and applications
Legal Disclaimer: Fair Housing Act violations result in HUD complaints, DOJ lawsuits, and penalties up to $100k+. This checklist is educational only. Consult attorney for compliance questions.

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