Housing Discrimination Laws: Roommate Edition

The Fair Housing Act (FHA) is a federal law in the United States that prohibits housing discrimination based on race, colour, national origin, religion, sex, familial status, and disability. While the FHA applies to landlords and housing sales and rentals, there is some ambiguity about whether it applies to roommate selection. Some sources claim that the FHA does not apply to shared living arrangements, allowing individuals to discriminate in selecting a roommate. However, others argue that discriminatory advertising is prohibited, even in roommate situations. The FHA has two main components: advertising and decision-making. While it is generally illegal to post discriminatory advertisements, there is an exemption for shared housing, where expressing a preference based on sex is permitted. Ultimately, the decision-making process in roommate selection may involve discrimination, but it is crucial to avoid making discriminatory statements in public or advertisements.

In the US, the Fair Housing Act (FHA) prohibits housing discrimination based on race, colour, national origin, religion, sex, familial status, and disability

The FHA applies to roommate searches and roommate-matching services, but only in certain situations. If a landlord or owner is participating in the roommate selection process, they are subject to the FHA and cannot discriminate based on protected characteristics. However, if the landlord or owner is not involved in the roommate selection process, and the tenants are sharing common spaces, then it may be permissible to express a preference for a roommate based on sex.

It is important to note that advertising a preference for a roommate based on protected characteristics is generally prohibited, regardless of whether the FHA applies to the specific situation. This means that even if an exemption applies, individuals should be cautious about stating discriminatory preferences in advertisements or public statements.

The FHA also does not cover decisions made by owners who own less than four units and live in one of the units. In these cases, while it is legal for the owner to discriminate in the selection process based on the protected categories, it is still illegal for them to advertise or make public statements expressing that preference.

State and local laws may provide additional protections and prohibit discrimination based on other factors such as sexual orientation, age, marital status, or source of income.

It is illegal to advertise discriminatory preferences based on the protected categories outlined in the FHA

The Fair Housing Act (FHA) prohibits stating discriminatory preferences in any notice or advertisement for the sale or rental of a dwelling. This includes roommate searches, where it is illegal to advertise discriminatory preferences based on protected categories. While individuals are allowed to discriminate when choosing a roommate, they cannot express these preferences in an ad.

The FHA protects the following categories: race, colour, national origin, religion, sex, familial status (including children under 18, pregnant women, and legal custodians), and disability. While the FHA does not cover decisions made by landlords who own less than four units and live in one of them, it is still illegal for them to advertise discriminatory preferences.

In shared housing situations, where tenants share common areas, it is permissible to express a preference based on sex only. However, it is essential to understand and comply with state and local laws, which may provide additional protections and prohibited categories such as age, marital status, sexual orientation, or source of income.

It is important to note that discriminatory preferences can be direct or indirect. For example, stating "no children" or "perfect for a single or couple" can be considered discriminatory towards families with children. Additionally, using language that may discourage certain groups, such as expressing a preference for a "quiet and mature neighbourhood," should be avoided.

To summarise, while individuals have the right to choose their roommates, it is illegal to advertise discriminatory preferences based on protected categories outlined in the FHA and other applicable laws.

Live-in landlords are exempt from Fair Housing laws

The Fair Housing Act (FHA) is a federal law that protects tenants (and homebuyers) against housing discrimination. It applies across the United States, including all 50 states, Washington, D.C., and all U.S. territories and possessions. The FHA covers most housing situations, but there are some exemptions.

One such exemption is for owner-occupied buildings with four or fewer units. This means that if a landlord owns a building with two to four units and lives in one of them, the FHA does not apply. In this case, the live-in landlord is exempt from the Fair Housing laws. It is important to note that even if a property is exempt from the FHA, it must still comply with the law's ban on issuing discriminatory statements, notices, or advertising.

The exemption for owner-occupied buildings with four or fewer units allows live-in landlords to make decisions about tenant selection without being bound by the FHA. However, they must still be careful not to make any discriminatory statements or publish any discriminatory advertisements.

In addition to the federal FHA, there may also be local or state fair housing laws that apply. For example, in Pennsylvania, the Pennsylvania Human Relations Act does not contain the same exemption for owner-occupied buildings with four or fewer units. Therefore, these dwellings are not exempt from the fair housing laws in that state.

While live-in landlords of buildings with four or fewer units are exempt from the FHA, they should still be mindful of fairness considerations and the potential impact on their reputation as landlords and human beings. It is also important to note that state and local laws may prohibit discrimination based on other factors, such as sexual orientation, age, marital status, or source of income.

Shared housing is exempt from Fair Housing laws

In the United States, housing sales and rentals are governed by the Fair Housing Act (FHA), a federal law that was first passed in 1968 to prevent sellers and landlords from discriminating against people based on "race, colour, national origin, religion, sex, familial status, and handicap (disability)".

However, the FHA does not apply to all housing situations. Notably, the FHA does not apply to shared living arrangements or roommate selection. This means that individuals are allowed to discriminate when choosing a roommate, and online roommate-matching services are not liable under the FHA for facilitating discriminatory roommate searches.

This exemption for shared housing is based on the understanding that the FHA is intended to address discrimination by landlords in the sale and rental of housing, rather than interfering with personal relationships inside the home. The court has ruled that applying the FHA to roommate selection would be an invasion of privacy, autonomy, and security, infringing on a roommate's right of intimate association.

While shared housing is exempt from the FHA, it is important to note that there are still limitations. For example, federal law prohibits stating discriminatory preferences in housing advertisements, and this applies to shared housing situations as well. Additionally, even if the FHA does not apply to a specific housing situation, there may be local or state fair housing laws that do.

State and local laws often extend anti-discrimination protections to categories such as age, marital status, sexual orientation, or source of income

While federal law prohibits discrimination based on race, colour, religion, sex, disability, and familial status, state and local laws often extend anti-discrimination protections to other categories, such as age, marital status, sexual orientation, or source of income.

The Fair Housing Act (FHA) does not apply to shared living arrangements, and therefore it is not unlawful for individuals to discriminate in selecting a roommate. However, it is illegal to make a public discriminatory statement about your preferences in an advertisement.

The Civil Service Reform Act of 1978 (CSRA) prohibits federal employment discrimination based on race, colour, sex, religion, national origin, age, disability, marital status, political affiliation, or conduct which does not adversely affect the performance of the applicant or employee.

Many states and municipalities have enacted protections against discrimination and harassment based on sexual orientation, status as a parent, marital status, and political affiliation.

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