42 U.S.C. §3604
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Fair Housing Act — Discrimination in Sale, Rental, and Financing

Prohibits discrimination in the sale, rental, or financing of housing based on race, color, religion, sex, familial status, national origin, or disability. Applies to HOAs and condominiums.

Status Active
Verified Aug 5, 2026

Reviewed · Federal changes feed

Statutory Text Verified Aug 5, 2026 · OTHER
Quick search by citation: 42 U.S. Code § 3604 - Discrimination in the sale or rental of housing and other prohibited practices prev | next As made applicable by section 3603 of this title and except as exempted by sections 3603(b) and 3607 of this title, it shall be unlawful— (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status , or national origin. (b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling , or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status , or national origin. (c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap , familial status , or national origin, or an intention to make any such preference, limitation, or discrimination. (d) To represent to any person because of race, color, religion, sex, handicap , familial status , or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available. (e) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap , familial status , or national origin. (f) (1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of— (A) that buyer or renter, [1] (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that buyer or renter. (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling , or in the provision of services or facilities in connection with such dwelling , because of a handicap of— (A) that person ; or (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that person . (3) For purposes of this subsection, discrimination includes— (A) a refusal to permit, at the expense of the handicapped person , reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a …
Enforcement
Ref Requirement
(a) HOAs and condo boards cannot deny, restrict, or condition the sale, rental, or use of a dwelling based on any of the seven federally protected classes.
(b) An HOA cannot ban children, restrict use of pools or amenities to adults only, or impose stricter rules on families with kids unless it qualifies as a 55+ or 62+ senior community.
(c) HOA newsletters, listings, signage, and meeting statements cannot indicate preferences or restrictions tied to a protected class — including language like "adult community" or "Christian neighborhood."
Legal references last verified August 5, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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