Fair Housing
Also known as: Fair Housing Act, FHA
Federal and state laws that prohibit discrimination in housing based on protected characteristics such as race, color, religion, national origin, sex, familial status, and disability. HOAs must comply with fair housing laws in all aspects of governance, including rule enforcement, architectural review, accommodation requests, and community communications. Violations can result in significant legal penalties and damages.
Example in Context
The board revised its playground hours policy after legal counsel advised that restricting children to limited time slots could constitute familial status discrimination under the Fair Housing Act.
Common Misunderstanding
Fair housing laws do not just apply to landlords and sellers — HOAs are fully subject to fair housing requirements in every aspect of governance, from rule enforcement to amenity access.
Related Terms
Frequently Asked Questions
Does the Fair Housing Act apply to HOAs?
Yes. The Fair Housing Act applies to all housing providers, including HOAs. Associations must comply with fair housing requirements in rule enforcement, architectural review, accommodation requests, and all community communications. Violations can result in federal complaints, lawsuits, and significant monetary penalties.
What are the protected classes under the Fair Housing Act?
The federal Fair Housing Act protects seven classes: race, color, religion, national origin, sex, familial status, and disability. Many states and localities add additional protections, such as sexual orientation, gender identity, source of income, and marital status.