Fair Housing: Policy Issue
Overview
Title VIII of the Civil Rights Act of 1968, commonly known as the Fair Housing Act (FHA), prohibits discrimination in the sale, rental and financing of housing based on race, color, religion, sex, national origin, disability and familial status (which protects families with children under the age of 18, pregnant women, and people securing custody of children under the age of 18).
As part of its protections for disabled persons, the Act also requires all "covered multifamily dwellings" designed and constructed for first occupancy after March 13, 1991 to be accessible to and usable by people with disabilities. The above are the 7 "protected classes" under federal law.
Fair housing policy continues to develop through legislation, regulation, agency guidance and court decisions. These debates impact property operations as source of income mandates, resident screening, immigration and citizenship status of renters, emotional support animals and disparate impact remain active areas of policymaking at all levels of government.
While activity heats up at the state and local levels, HUD withdrew several federal guidance documents addressing disparate impact, criminal history screening and requests for assistance animals, including emotional support animals, signaling deregulation and streamlining of federal enforcement as fair housing priorities. As the landscapes changes, housing providers must navigate evolving compliance responsibilities.
Position Statement
NAA and its members strongly support equal opportunity in housing and compliance with fair housing laws. NAA advocates for clear, consistent and workable standards that expand housing opportunities while providing housing providers with the certainty needed to comply with the law.
As an Owner or Operator, How Does this Affect My Business?
For apartment owners and operators, fair housing compliance remains an essential part of operating rental housing. Policies, practices and day-to-day operations must continue to align with applicable federal, state and local requirements and avoid discrimination based on protected class status. The FHA’s accessibility standards, reasonable accommodation obligations and protections against intentional discrimination remain fully in effect.
At the federal level, fair housing enforcement continues to evolve. HUD has withdrawn or reconsidered several guidance documents related to disparate impact claims, criminal history screening and assistance animals, while signaling a renewed focus on cases involving intentional discrimination and clear violations of the law. HUD has also indicated that further action on these rules could come by the end of 2026, and NAA will continue to monitor these developments closely.
Because fair housing requirements vary by jurisdiction and continue to change through legislation, regulation, agency guidance and court decisions, owners and operators should consult their local fair housing counsel to ensure ongoing compliance.
Contact Information
To learn more about this issue, please contact NAA's Public Policy team.
With a few limited exceptions, fair housing applies to all publicly-owned and privately-owned housing, and allows either an actual aggrieved party or a tester to file a fair housing complaint against an owner for discrimination. Similar to a secret shopper, a tester works with a local nonprofit (often funded by HUD) to enforce compliance with the law.
Failure to comply with fair housing requirements may result in a discrimination complaint or lawsuit as well as fines, damages and attorneys fees. NAA therefore encourages property owners and operators to educate themselves and their staffs on the applicable fair housing laws in the markets in which they operate.