HUD prohibits owners from refusing, directly or indirectly, to rent or negotiate for the rental of a dwelling based on an individual’s race, color, religion, sex, disability, familial status, or national origin, or those of a person associated with the individual. Violation of these regulations may result in penalties and legal action.
Prohibited Activities
Several examples of prohibited activities based on race, color, religion, sex, disability, familial status, or national origin include:
- Setting different rental fees for an individual based on any protected characteristic;
- Not applying the screening criteria outlined in the tenant selection plan uniformly to all applicants, which includes credit checks, rental history, and criminal background checks;
- Restricting selection of persons with disabilities in housing when this violates program rules or the owner’s contract with HUD; and
- Preventing a household with children under age 6 from occupying a unit even if there are lead hazards in the unit. The owner must advise the household of the hazards, but the choice to occupy the unit is the household’s.
Marketing Lead-Hazard-Free Units to Families with Children
Owners may affirmatively market lead-hazard-free units to families with children under the age of 6. However, they must ensure that this marketing does not result in discrimination against other individuals based on any protected characteristic.
Consequences of Violation
HUD takes violation of the regulations seriously and may impose penalties, fines, or legal action against owners who engage in unlawful refusal to rent or negotiate for rental based on any protected characteristic. Property owners and managers must ensure that their actions comply with federal regulations to avoid discrimination and related consequences.
In conclusion, HUD prohibits owners from refusing to rent or negotiate for rental based on any protected characteristic, including race, color, religion, sex, disability, familial status, or national origin. Property owners and managers must apply screening criteria uniformly to all applicants, including those with disabilities, and may not prevent households with children under age 6 from occupying units with lead hazards. Any violation of these regulations may result in penalties and legal action.