Fair Housing Protected Classes by State

When you rent out a home, fair housing law shapes almost every step: what your listing says, which questions you ask, how you pick a tenant, and how you answer a request from someone with a disability. The federal Fair Housing Act sets the baseline everywhere in the US. Most states also add their own protected classes on top of the federal requirements.

This guide lists the seven federal protected classes, then every class each state adds, with the statute or agency that sets it. It also covers how to put the rules into practice: listing wording, screening criteria, reasonable accommodations, and how to answer applicants' questions. These rules apply from the first listing you post, so if you haven't rented out a home before, our guide to renting out your house shows where they fit among the other steps.

A quick note before we start: this is general information, not legal advice, and Nomad isn't a law firm. The state list reflects statute text and state civil rights agency pages checked in October 2026. Laws change, and many cities and counties add protected classes of their own, so confirm the current rules for your property with your state's fair housing agency or an attorney licensed in your state.

The short answer

• Federal protected classes: the Fair Housing Act protects seven classes nationwide: race, color, religion, sex, national origin, familial status, and disability.

• State additions: 37 states and Washington, D.C. add at least one more. Common additions are marital status, age, ancestry, creed, sexual orientation, gender identity, and military or veteran status.

• No additions: 12 states add nothing beyond the federal list, including Texas, Florida, Georgia, North Carolina, and Arizona. Federal law still applies there in full.

• Local rules: cities and counties can add more classes than their state does, so a home in a large city may have a longer list than the state table shows.

• What protects you most: describe the home rather than the tenant you want, write your screening criteria down and use them for every applicant, and handle accommodation requests one at a time, in writing.

What is a protected class in fair housing?

A protected class in fair housing is a characteristic, such as race or disability, that a landlord can't use as a reason to refuse to rent, set different terms, steer someone toward or away from a home, or word an ad. Fair housing law covers the whole rental process: advertising, showings, applications, lease terms, repairs, and renewals. Protection also covers people who are perceived to be in a class or who are associated with someone who is, such as a guest or family member.

The 7 federal protected classes

The federal Fair Housing Act, at 42 U.S.C. §3604, makes it illegal to discriminate in renting a home because of:

1. Race

2. Color

3. Religion

4. Sex

5. National origin, which includes a person's ancestry and the country they or their family come from

6. Familial status: households with children under 18, people who are pregnant, and people in the process of getting custody

7. Disability (the statute's word is "handicap"), physical or mental

The U.S. Department of Housing and Urban Development (HUD) enforces the Act through its Office of Fair Housing and Equal Opportunity, and tenants can also sue in federal court. Federal law doesn't name age, marital status, sexual orientation, or gender identity as separate classes. Many states do, which is why the state list matters.

Fair housing protected classes by state

The table lists only the classes each state adds beyond the seven federal ones. The federal seven apply in every state whether or not the state repeats them. Where a state's wording differs from federal law (for example, "creed" alongside religion, or "ancestry" alongside national origin), the table uses the state's words.

A few states' own statutes are narrower than federal law in places. Idaho's statute and Alaska's housing section, for example, don't list familial status. That doesn't change anything for landlords: the federal Fair Housing Act still protects all seven classes in every state.

Some protections live in city and county ordinances rather than state law, and they can be broader than anything in the table. If your rental is in a large city, check the city's human rights or fair housing office as well as the state agency.

Are there exemptions for small landlords?

Yes, but they’re narrow, and none of them allows a discriminatory ad. Federal law (42 U.S.C. §3603(b)) exempts two kinds of rentals:

• A single-family home rented by a private owner who owns no more than three single-family homes and doesn’t use a broker or agent.

• A room or unit in a building with four or fewer units, when the owner lives in one of the units.

Even then, the ban on discriminatory ads and statements in §3604(c) still applies. Many states have narrower exemptions or none at all, and listing sites and agents apply fair housing rules either way. The simplest approach is to follow the rules as if no exemption applies.

How landlords stay compliant day to day

Most fair housing complaints against small landlords don't start with someone setting out to discriminate. They start with a listing written on autopilot, a question asked of one applicant and not another, or a request that sat unanswered. The recommendations below help landlords avoid these actions.

Write the listing about the home, not the tenant

Federal law bans any ad or statement that indicates a preference, limitation, or discrimination based on a protected class (42 U.S.C. §3604(c)). The safest listing describes the property, its features, and its location, and says nothing about who should live there.

Describing accessibility features ("step-free entry," "ground-floor bedroom") is fine and helpful. Mentioning nearby schools is generally fine when it describes the location, as long as it isn't framed as who the home is for. If you list with Nomad, you write your own listing description, so read it once against your state's row in the table before it goes live.

Set your screening criteria in writing and use them for everyone

Decide your criteria before the first application arrives: minimum income, credit, rental history, how you'll treat eviction and criminal records where your state allows you to consider them, occupancy, and your pet policy. Then apply the same criteria, in the same order, to every applicant. That consistency is good screening and it's your strongest defense if a decision is ever questioned.

• Same process for everyone. If you ask one applicant for pay stubs, ask all of them. If you run one credit report, run them all.

• Occupancy by the size of the home, not the family. Set a reasonable limit based on bedrooms and square footage, and apply it to every household. Federal law defers to reasonable local occupancy rules (42 U.S.C. §3607(b)(1)); a limit designed to keep out children isn't reasonable.

• Criminal and arrest records. Several states and cities limit what you can ask or consider. New York limits questions about arrests and sealed records, Connecticut protects erased records, and D.C. protects sealed eviction records. Check your state's row and your city's rules before you add a background question.

• Keep records. Save each application, the criteria you used, and the reason for every decision for at least a few years.

Our guide to screening tenants walks through each check in detail. If you list with Nomad, every applicant goes through the same 10-point screen, and you choose the tenant from the applicants who pass.

How Nomad handles this: Nomad's screening and leasing tools run a 10-point check on every applicant, covering credit, criminal history where allowed, employment, income, and identity, and generate a state-specific lease. You set the rent and make the final call on the tenant.

Handle reasonable accommodation and modification requests

Disability protection works differently from the other classes because it can require you to do something, not just avoid doing something. Under 42 U.S.C. §3604(f)(3), a landlord has to:

• Make reasonable accommodations in rules, policies, practices, or services when needed to give a person with a disability equal use of the home. Examples: a reserved parking space near the door, letting a family member pay rent on the tenant's behalf, or an exception to a guest rule so a live-in aide can stay.

• Allow reasonable modifications to the home, usually at the tenant's expense, such as grab bars or a ramp. For a rental, you can make permission conditional, where reasonable, on the tenant agreeing to restore the interior when they leave, excluding normal wear and tear.

Treat every request on its own facts, respond in writing, and keep a record. You can ask for reliable information when a disability or the need for the request isn't obvious, but don't ask for a diagnosis or medical records. Requests involving animals follow their own rules, which changed at the federal enforcement level in 2026; our guide to ESAs vs. service animals explains what changed and what still applies under state law.

Answer applicants' questions the same way every time

Questions from applicants are where well-meaning owners slip, usually by being friendly. A few rules keep conversations safe:

• Talk about the home and the process. Rent, deposit, move-in date, lease length, pet policy, utilities, and your written screening criteria are all fair topics.

• Don't ask about protected traits. Avoid questions about where someone is from, their religion, whether they're married, whether they plan to have children, their age, or any health condition. In states that protect marital status, age, or immigration status, those questions carry extra risk.

• Ask everyone the same questions. "How many people will live in the home?" is fine for occupancy if you ask every applicant. "Will your kids be living here?" asked of one applicant is not.

• Don't steer. If someone asks whether a neighborhood is "a good fit for people like us," or who lives nearby, describe the home and the area's amenities and let them decide. Comments about who lives on the street can be steering, even when meant kindly.

• Give the same answers on availability. Telling one person a home is available and another that it's taken is a federal violation (42 U.S.C. §3604(d)).

Using the same response template for every inquiry makes this easier. Our tenant inquiry templates are built for that.

What happens if you violate fair housing law?

A tenant or applicant can file a complaint with HUD or the state agency, or sue in court. Penalties can include actual damages, emotional-distress damages, the other side's attorney's fees, and court orders. In administrative cases, HUD's maximum civil penalties are currently $26,262 for a first violation, $65,653 if there was one prior violation in the past five years, and $131,308 for two or more in the past seven years (24 C.F.R. §180.671, as adjusted in 2025). State penalties are separate and can add to that.

Frequently asked questions

What are the 7 protected classes under the Fair Housing Act?

The seven federal protected classes are race, color, religion, sex, national origin, familial status, and disability. They come from the Fair Housing Act, 42 U.S.C. §3604, and HUD enforces them nationwide.

Which states have the most fair housing protected classes?

California, Connecticut, Illinois, New Jersey, and Washington, D.C. have some of the longest lists, each adding around ten classes or more beyond the federal seven. Their additions include sexual orientation, gender identity, marital status, age, and military status, plus state-specific classes such as D.C.'s personal appearance and political affiliation.

Is age a protected class in housing?

Age isn't a federal protected class in housing, but many states protect it, including Connecticut, Delaware, Michigan, New York, and Rhode Island. Some states set a threshold: Illinois and Pennsylvania protect people 40 and over, and Virginia protects "elderliness" (55 and over). Housing that qualifies as housing for older persons under federal law has its own exemption.

Are sexual orientation and gender identity protected in housing?

Many states protect them by name, including California, Colorado, Illinois, Michigan, Minnesota, New York, Utah, Virginia, and Washington. Federal law doesn't list them as separate classes, and several states, including Texas and Florida, don't add them. Iowa removed gender identity from its civil rights law effective July 1, 2025, so check your state's current statute.

Do fair housing laws apply if I only rent out one home?

Yes, in most cases. The federal exemption for an owner of up to three single-family homes applies only when you don't use a broker or agent, and it never covers discriminatory advertising. State laws may give you no exemption at all, so plan on following the rules for every rental.

Can I refuse to rent to families with children?

No. Familial status is a federal protected class, so you can't refuse to rent, charge more, or set different rules because a household has children. The main exception is qualifying housing for older persons. You can set a reasonable occupancy limit based on the size of the home, as long as you apply it to everyone.

This article is for general information only and isn't legal advice. It reflects federal law and state statutes and agency pages as of October 2026. Laws change, local ordinances add their own rules, and outcomes depend on the facts. Talk to an attorney licensed in your state about your situation.