HUD HCV Guidebook § 2.3

Title VIII of the Civil Rights Act of 1968, as amended, (Fair Housing Act)5 prohibits discrimination in the sale,
rental, and financing of dwellings and in other housing-related services and transactions because of race,
color, religion, sex, national origin, disability and familial status (presence of children under 18 years of age,
pregnancy, being in the process of securing legal custody of a person under age 18, having such legal
custody, or being the designee with written permission of a parent or other person with such custody). The
Fair Housing Act contains several narrow exemptions, which do not apply to the HCV program.6 PHAs should
review the list of exemptions at 24 CFR 100.10.

The Fair Housing Act applies to a broad range of persons, entities, housing transactions, and housing-related
services, including PHAs, property owners, landlords, housing managers, real estate agents, brokerage service
agencies, and banks. Similarly, the Fair Housing Act prohibits a broad range of discriminatory activities and
statements. For example, housing providers may not, because of race, color, religion, sex, national origin,
disability, or familial status:
    •    Refuse to sell or rent a dwelling or otherwise make unavailable or deny a dwelling unit;
    •    Impose different terms, conditions or privileges related to the sale, rental, or financing of a dwelling;
    •    Deny or limit services, facilities, or privileges in connection with the sale or rental of a dwelling;
    •    Restrict, discourage, or obstruct the housing choices of a person by word or conduct;
    •    Create, perpetuate, increase, or reinforce segregation, or impede desegregation;

3 For example, because of segregated living patterns, an overly restrictive residency preference is highly likely to discriminate in

violation of fair housing and civil rights requirements. 24 CFR 982.207(b)(1).
4 42 U.S.C. §§ 3601- 19; See 24 CFR 1.4(b)(6). Nondiscrimination in Federally Assisted Programs of the Department of Housing and

Urban Development – Effectuation of Title VI of the Civil Rights Act of 1964.
5 42 U.S.C. §§ 3601 – 19; See also, 24 CFR Parts 100, 103, 180.
6 See 42 U.S.C. §§ 3603(b); 3607; 24 CFR 100.10.

Fair Housing and Nondiscrimination Requirements                                                                               5
US Department of Housing and Urban Development                                                                        April 2025

    •    Assign any person to a particular section of a community, neighborhood, development, or particular
         floor of a building;
    •    Communicate to a prospective tenant that they would not be comfortable or compatible with the
         existing residents in a community, neighborhood, or development;
    •    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 which indicates any preference,
         limitation, or discrimination;
    •    Provide inaccurate or untrue information about the availability of dwellings for sale or rental; or
    •    Engage in quid pro quo or hostile environment harassment in housing or housing-related
         transactions7.

PHAs and others covered by the Fair Housing Act are also prohibited from discriminating against persons,
including applicants or participants because of their disability, or the disability of a person residing in or
intending to reside in the dwelling, or any person associated with that applicant or participant. For example,
housing providers, including PHAs, must not:
    •    Refuse to make reasonable accommodations in rules, policies, practices, or services, when such
         accommodation may be necessary to afford individual(s) with disabilities an equal opportunity to use
         and enjoy a dwelling. This includes refusing to assign an accessible parking space to a person with a
         mobility disability; refusing to assign a mailbox in an accessible location for a person who uses a
         wheelchair; and refusing to accept rental payments by mail instead of in person for a person with a
         mobility disability,8 or
    •    Refuse residency to persons with disabilities9 or place conditions on their residency because those
         persons may require reasonable accommodations.10

In addition, persons and entities covered by the Fair Housing Act may not coerce, intimidate, threaten or
interfere with any person:
    •    In the exercise or enjoyment of any right granted or protected by the Fair Housing Act;
    •    On account of a person having exercised or enjoyed any right granted or protected by the Fair Housing
         Act; or
    •    On account of a person having aided or encouraged any other person in the exercise or enjoyment of
         any right granted or protected by the Fair Housing Act.

This includes retaliating against any person for exercising any right under the Fair Housing Act.