More Fair Housing Act Protections for Tenants

Under the Fair Housing Act, housing providers may not change the terms of a tenancy or bring an eviction action because of a tenant’s race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status (including pregnancy and adoption), or disability. If they do, the tenant may be able to file a complaint because of the fair housing violation or assert an affirmative defense in an eviction action.

There are many ways that fair housing issues can arise in the context of an eviction. For example, the Fair Housing Act prohibits:

• Threatening to evict a tenant because of the tenant’s race, color, national origin, religion, sex, familial status, or disability;
• Evicting tenants because of their race, color, national origin, religion, sex, familial status, or disability;
• Accepting rent late from some tenants but not others based on the tenants’ race, color, national origin, religion, sex, familial status, or disability;
• Evictions because of refusal to give in to demands for sexual favors; or
• Evicting tenants in retaliation for exercising their fair housing rights or helping others exercise their fair housing rights, including, for example, filing complaints with HUD, with state or local fair housing agencies, or in state or federal court.

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