Federal Housing Accommodations:
 

Primary Federal Law: The Fair Housing Act ( FHA )​​

     The cornerstone of federal housing non-discrimination law is the Fair Housing Act (FHA), enacted as Title VIII of the Civil Rights Act of 1968 and later amended. The FHA prohibits discrimination in the sale, rental, and financing of dwellings based on seven protected classes:​​

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• Race 

• Color

• National Origin

• Religion

• Sex ( including sexual orientation and gender identity )

• Familial Status ( having children under 18, or being pregnant )

• Disability

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Scope of Coverage: Where Do These Laws Apply?​

     The FHA covers a wide range of housing situations, including but not limited to:

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• Rental Accommodations:

  • Apartments, single-family homes, condos, and townhouses offered for rent.

• Home Sales:

  • The sale of a home by an owner or through a real estate agent.

• Homeowners Associations (HOAs):

  • Rules, policies, and services provided by an HOA to its members.

• Mortgage Lending:

  • Banks, credit unions, and other lenders.

• Homeowners Insurance

• Trailer and Mobile Home Parks:

  • Both the rental of the lot (the "pad") and the ownership/rental of the mobile home itself are covered.

• Homeless Shelters:

  • As of the 2016 ruling in Department of Housing and Urban Development (HUD) v. RLS, the FHA applies to government-operated homeless shelters.

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Exemptions:

     There are limited exceptions, such as owner-occupied buildings with no more than four units (the "Mrs. Murphy" exemption) and single-family housing sold or rented without the use of a broker, provided they do not use discriminatory advertisements.

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 Breakdown of Protected Classes & Prohibited Acts

     It is illegal for a housing provider (landlord, seller, HOA, lender, etc.) to take any of the following actions based on a person's membership in a protected class.

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          A. Race & Color

• What it means:

  • Discrimination based on a person’s race or the color of their skin.

• Prohibited Actions:

  • Refusing to rent or sell.

  • Setting different terms or conditions (e.g., higher rent or deposit).

  • "Steering" prospective tenants toward or away from certain neighborhoods based on racial composition.

  • Using coded language in advertisements (e.g., "perfect for a good community" to imply racial preference).

          B. National Origin

• What it means:

  • Discrimination based on a person’s country of origin, ethnicity, or accent.

• Prohibited Actions:

  • Denying housing because of a person's ancestry or native language.

  • Enforcing "English-only" rules in common areas if they are not necessary for the operation of the building.

  • Harassing tenants about their immigration status.

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          C. Religion

• What it means:

  • Discrimination based on a person’s religious beliefs, affiliation, or observance.

• Prohibited Actions:

  • Refusing to rent to someone because they wear religious attire (e.g., a hijab, yarmulke, or turban).

  • Enforcing a rule that unfairly targets religious practices (e.g., prohibiting all head coverings in the lobby).

  • Refusing to allow a reasonable accommodation for religious practices (e.g., allowing a tenant to install a mezuzah on their doorpost if there is a rule against door decorations).

 

          D. Sex (including Sexual Orientation & Gender Identity)

• Interpretation:

  • As per the 2020 Supreme Court ruling in Bostock v. Clayton County and subsequent HUD guidance, discrimination based on sexual orientation and gender identity is a form of sex discrimination and is prohibited under the FHA.

• Prohibited Actions:

  • Refusing to rent to an individual or family because of their sex, sexual orientation, or gender identity

  • Setting different terms or conditions (e.g., requiring a higher deposit from female tenants).

  • Engaging in sexual harassment by a landlord, manager, or maintenance worker.

  • Refusing to treat a transgender person consistent with their gender identity.

  • Enforcing dress or appearance codes in a discriminatory manner.

 

          E. Familial Status

• What it means:

  • Discrimination against families with children under the age of 18, or against a person who is pregnant or in the process of securing legal custody of a child.

• Prohibited Actions:

  • ​Advertising a property as "adults-only" or "not suitable for children."

  • Restricting families with children to certain buildings or floors.

  • Having overly restrictive rules that target children (e.g., "no playing outside" or "no riding bicycles").

  • Enforcing an unreasonable occupancy standard (e.g., a two-bedroom unit only for two people). HUD generally follows a "two-person per bedroom" standard as a guideline for reasonableness.

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          F. Disability​​

• It is illegal to take any of the following actions based on a person's membership in a protected class:

  • Refuse to rent or sell housing.

  • Set different terms, conditions, or privileges.

  • Falsely deny that housing is available.

  • Advertise in a way that indicates a preference or limitation.

  • "Steer" prospective tenants toward or away from certain areasSpecific Duties Towards Persons with Disabilities

• Reasonable Accommodations

  • What it is:

    • A change in rules, policies, practices, or services to give a person with a disability an equal opportunity to use and enjoy a dwelling.

      • Examples: 

        • Allowing an assistance animal (e.g., a guide dog or emotional support animal) in a "no-pets" building.

        • Assigning a reserved parking space close to the unit for a tenant with a mobility impairment.

        • Providing a designated aide for a tenant with a developmental disability.

  • Process:

    • The tenant must request the accommodation and, if the disability is not obvious, provide verification from a healthcare professional.

    • The housing provider must engage in an "interactive process" to discuss the request.

• Reasonable Modifications

  • What it is:

    • A physical change made to the tenant's living space or to the common areas of the property, at the tenant's expense, to afford the tenant full enjoyment of the premises.

      • Examples:

        • Installing grab bars in a bathroom.

        • Lowering kitchen cabinets.

        • Installing a ramp to the front door.

        • Widening doorways for a wheelchair.

  • Process:

    • Similar to accommodations, a request and verification are typically required.

    • In rental properties, the landlord may require the tenant to restore the interior of the unit to its original condition upon moving out, if reasonable.

    • For HOAs and common areas, the modification request must be granted if it is reasonable, and the tenant is responsible for the costs.

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Special Considerations by Housing Type

For Renters

• Landlords cannot use a protected class as a factor in screening, cannot set different rental terms, and cannot harass or create a hostile environment for tenants.

• Landlords cannot refuse to make a reasonable accommodation to a policy (like a no-pets policy) or deny a request for a reasonable modification.

• They cannot ask about the nature or severity of a disability during the application process.

• They must allow modifications to the interior of the unit, and in multi-family buildings with an elevator, they must allow modifications to common areas (e.g., a ramp to the building entrance).

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For Homeowners & HOAs

• HOAs cannot enforce covenants, rules, or architectural guidelines in a way that discriminates against a protected class.

  • Example: An HOA cannot deny a family's request to build a playset in their backyard if similar structures are allowed, as this could be familial status discrimination.

  • Example: An HOA cannot prevent a person from displaying a religious symbol on their door if other decorations are permitted.

• An HOA cannot enforce a rule that prevents a resident with a disability from enjoying their home.

  • Example: An HOA with a "no fences" rule must grant a reasonable accommodation to a homeowner who needs to install a fence to contain a service dog.

• An HOA must approve a reasonable modification request, such as installing a ramp or a wheelchair lift, even if the HOA's architectural guidelines prohibit such structures.

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For Trailer & Mobile Home Parks

• Park owners cannot evict or refuse to rent a lot based on a protected class. They cannot steer families with children to one area of the park or restrict a tenant's guests based on their national origin or race.

• Park owners are considered housing providers under the FHA.

• They must grant reasonable accommodations to park rules (e.g., allowing a resident to have an additional shed for medical equipment).

• They must approve reasonable modifications to the lot or the home itself (e.g., building a ramp to the mobile home's door).

• They cannot evict or refuse to rent a lot to someone based on their membership in a protected class.

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Mortgage Lending

• Lenders cannot:

  • Refuse to make a mortgage loan or refuse to provide information regarding loans.

  • Impose different terms or conditions (e.g., higher interest rates or fees).

  • Discriminate in appraising property.

  • Engage in "redlining"—denying loans or insurance in specific geographic areas based on the race or national origin of the residents.

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The Process for Requesting an Accommodation or Modification

1. Submit a Request:

   • The request should be in writing and directed to the landlord, HOA board, or park management. It should clearly state that it is a request for a reasonable accommodation/modification under the Fair Housing Act.

2. Explain the Nexus:

   • The request should explain the connection between the requested change and the individual's disability.

3. Provide Verification (if needed):

   • If the disability and/or the need for the accommodation is not obvious, the housing provider can request reliable documentation from a doctor, therapist, or other medical professional. They cannot ask for detailed medical records.

4. Interactive Dialogue:

   • Both parties should engage in a good-faith discussion. The housing provider can propose an alternative accommodation if it meets the same need.

5. Approval or Denial: 

   • A request can only be denied if:

     • It is not reasonable (i.e., it imposes an undue financial or administrative burden).

     • It would fundamentally alter the nature of the provider's operations.

     • The individual does not have a qualifying disability.

     • There is no connection between the request and the disability.

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Idaho State Law:

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The Idaho Fair Housing Act

     Idaho has its own Fair Housing Act, found in Idaho Code § 67-5901 et seq. However, its coverage is narrower than federal law. It is important to note that state law does not surpass federal law.

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          A. Protected Classes under Idaho State Law

• The Idaho Fair Housing Act prohibits discrimination in housing based on the following classes:

  • Race

  • Color

  • Religion

  • Sex

  • National Origin

  • Disability (Note: The Idaho code uses the term "handicap")

  • Familial Status (families with children under 18)

• Critical Omission in Idaho Law:

  • Idaho state law does not explicitly include sexual orientation or gender identity as protected classes in housing. This is a key difference from the federal Fair Housing Act.

• Federal Law Prevails:

  • As per the 2020 Supreme Court ruling in Bostock v. Clayton County, discrimination based on sexual orientation and gender identity is a form of illegal sex discrimination under the federal Fair Housing Act. Therefore, while Idaho state law is silent, this type of discrimination is still illegal under federal law across Idaho.

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          B. Reasonable Accommodations & Modifications for Disabilities

• Idaho state law does mirror the federal requirements for persons with disabilities.

  • Reasonable Accommodation:

    • Idaho law requires housing providers to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling.

      • Example: Allowing an assistance animal in a "no-pets" building.

  • Reasonable Modification:

    • Idaho law requires housing providers to permit reasonable modifications of the premises at the tenant's expense, if necessary for the full enjoyment of the dwelling.

      • Example: Allowing a tenant to install a grab bar in the bathroom.

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The process and requirements for requesting and justifying these accommodations/modifications under Idaho law are functionally identical to the federal process described in the previous federal section.

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Where to Get Help or File a Complaint

If you believe your rights have been violated:

 

• Document Everything:

  • Keep a detailed record of all interactions, including dates, times, names, and what was said or done. Save all emails, texts, and advertisements.

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• U.S. Department of Housing and Urban Development (HUD):

  • You can file a complaint online at www.hud.gov/fairhousing

  • ​Call: 1 (800) 669-9777

  • TTY: 1 (800) 927-9275

  • Seattle Regional Office ( Covers Idaho ) (208) 220-5170 

    • ​Complaints must typically be filed within one year of the alleged violation.​​