24 C.F.R. § 200.300
§ 200.300 Nondiscrimination and fair housing policy. (24 CFR Part 200)
Operative Text
Federal Housing Administration programs shall be administered in accordance with: (a) The nondiscrimination and fair housing requirements set forth in 24 CFR part 5, including the prohibition on inquiries regarding sexual orientation or gender identity set forth in 24 CFR 5.105(a)(2); and (b) The affirmative fair housing marketing requirements in 24 CFR part 200, subpart M and 24 CFR part 108.
Section 200.300 establishes that all Federal Housing Administration programs must be carried out in compliance with two distinct sets of obligations: the broad nondiscrimination and fair housing requirements found in 24 CFR Part 5—which explicitly bar inquiries into an applicant's sexual orientation or gender identity—and the affirmative fair housing marketing requirements detailed in 24 CFR Part 200, Subpart M and 24 CFR Part 108. The rule does not merely prohibit discriminatory acts; it also requires active, affirmative steps to market housing in ways that promote fair housing goals. Together, these requirements apply across FHA-administered programs, meaning both the conduct of program participants and their outreach and marketing practices are covered.
Plain English — not legal advice.
Operators and owners participating in FHA programs under 24 CFR Part 200 § 200.300 are generally expected to maintain policies and practices that align with the nondiscrimination standards in 24 CFR Part 5, which includes refraining from asking applicants about sexual orientation or gender identity at any stage of the application or tenancy process. Compliant operators also typically develop and implement an Affirmative Fair Housing Marketing Plan (AFHMP) consistent with 24 CFR Part 108 and Subpart M, ensuring that advertising and outreach reaches all eligible populations in the housing market area. Reviewing staff training materials, application forms, and marketing channels against these standards is a common practice among operators seeking to remain in compliance with § 200.300.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 200 § 200.300, individuals seeking or residing in FHA-program housing have protections against discrimination as outlined in 24 CFR Part 5, including the right not to be questioned about their sexual orientation or gender identity. Tenants or applicants who believe these protections have been violated may have options such as filing a fair housing complaint with HUD's Office of Fair Housing and Equal Opportunity (FHEO), raising the violation as a defense in relevant proceedings, or reaching out to a local tenant-rights organization or fair housing center for general information. Understanding that § 200.300 also requires affirmative marketing efforts can be relevant context when evaluating whether a property's outreach practices appear consistent with its FHA program obligations.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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