US Federal

Can a landlord refuse to rent to me because of my race or religion?

1968
Enacted
Familial status
Protected class
Under 18
Child age limit
$22,000
Max civil penalty (2023)
The Short Answer

No, a landlord cannot refuse to rent to a family with children because the Fair Housing Act prohibits discrimination based on familial status.

What the Law Says

The Fair Housing Act (FHA) is the primary federal law that prohibits housing discrimination in the United States. It explicitly protects families with children from being denied housing opportunities.

Under 42 U.S.C. § 3604, it is illegal for any person or entity involved in housing transactions—including landlords, property managers, and real estate agents—to discriminate against someone because of their 'familial status.'

'Familial status' means one or more individuals under the age of 18 living with a parent, legal custodian, or designated guardian. This protection also covers pregnant persons and those in the process of securing custody of a child under 18.

The law applies to most types of housing, including apartments, houses, condos, and mobile home parks—though limited exceptions exist (e.g., owner-occupied buildings with four or fewer units, or housing qualifying as 'housing for older persons' under strict FHA criteria).

Statutory Text

It shall be unlawful 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.

42 U.S.C. § 3604(a) — Discrimination in the sale or rental of housing
Statutory Text

'Familial status' means one or more individuals (who have not attained the age of 18 years) being domiciled with: (1) a parent or another person having legal custody of such individual or individuals; or (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.

42 U.S.C. § 3602(k) — Definitions

What to Do

1

Document the refusal (e.g., email, text, or notes from conversation), including date, time, and what was said.

2

File a complaint with the U.S. Department of Housing and Urban Development (HUD) within one year of the incident.

3

Contact a fair housing organization for free advice or assistance.

4

Consider consulting an attorney about filing a private lawsuit—no HUD filing is required to sue, but you must do so within two years.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.