What Is Fair Housing? Rights, Responsibilities, and Resources

Dusty Rhodes • October 23, 2023

If you’ve ever submitted an offer on a home or applied for a mortgage and felt you were treated unfairly, you aren’t alone. Housing discrimination has existed for decades and continues to be a major issue, although it often appears in subtle forms. Fair housing laws helped address many blatantly discriminatory practices, but you may be wondering what rights you have under fair housing laws and who enforces them.


The Fair Housing Act (FHA) provides rights, responsibilities, and resources for everyone at every stage of the housing process, including buyers, renters, real estate agents, lenders, and brokerages. Fair housing is critical to creating an equitable society free from discrimination.


Whether you’re a homebuyer, renter, or just want to learn more, this article is for you. Read on to learn what you need to know about fair housing, including what it is, the rights it provides, the responsibilities it enforces, and what to do if you’ve been discriminated against. 


What is fair housing?


Fair housing laws prohibit discrimination in the purchase, sale, rental, and financing of housing due to a person’s race, color, religion, sex, national origin, familial status, and disability. The Fair Housing Act protects everyone, including US citizens, green card holders, and undocumented residents.


The right to fair housing was established by the Fair Housing Act (Title VIII of the Civil Rights Act) in 1968 and has since been through dozens of amendments and executive orders expanding its reach. States, counties, and cities also often have specific housing laws that provide additional protections beyond those offered by the Fair Housing Act, such as prohibiting discrimination based on characteristics such as age, gender identity, honorably discharged veteran or military status, or source of income (including the receipt of income from affordable housing programs). 


Exceptions to the Fair Housing Act


The Fair Housing Act applies to most housing, but there are a few exceptions where the law doesn’t apply:


  • A dwelling with four or fewer units, if the owner lives in one of the units 
  • Single-family housing sold or rented without a broker, if the private owner doesn’t own more than three single-family homes at once 
  • Religious organizations and private clubs, as long as they don’t discriminate in membership
  • Specific HUD-approved housing for older persons 


Be cautious when applying for or purchasing housing that is exempt from the Fair Housing Act, and take your state and local laws into account as well, as they may offer additional protections beyond the federal law. 


Fair lending and mortgage discrimination


Fair housing also applies to mortgage lending. The Equal Credit Opportunity Act (part of the FHA) prohibits lenders from discriminating against borrowers based on a legally protected characteristic at any stage of the mortgage process, including but not limited to: 


  • Refusing to make a mortgage loan or provide other financial assistance for a dwelling
  • Refusing to provide information regarding loans
  • Imposing different terms or conditions on a loan, such as different interest rates, points, or fees
  • Discriminating in appraising a dwelling
  • Conditioning the availability of a loan on a person’s response to harassment
  • Refusing to purchase a loan


An example of mortgage discrimination is redlining, which is the process of denying mortgages, insurance, and other services to residents in specific areas. 


Fair housing rights and responsibilities


The Fair Housing Act provides protections for homebuyers and renters and responsibilities for home sellers, renters, and mortgage lenders. Let’s take a closer look.


Rights of the homebuyer


As a homebuyer, you’re protected from discrimination based on any legally protected characteristic in any part of the homebuying process. This includes financing, finding a real estate agent, touring homes, submitting offers, negotiating, and more.


Rights of the renter


The Fair Housing Act protects both buyers and renters. Here are a few important tenant rights (this is not an exhaustive list):


  • Right to a fair security deposit refund
  • Right to a notice of eviction and a timeframe in which to fix the situation
  • Right to a habitable home
  • Right to privacy
  • Right to quiet enjoyment


Homebuyers and renters can file discrimination complaints with HUD or file lawsuits in state or federal court. Retaliation against someone who filed a complaint is prohibited by law. 


Responsibilities of the home seller and landlord


Home sellers and landlords have to fairly entertain offers from everyone who might want to buy or rent your home. A seller and landlord cannot take any of the following actions because of a person’s race, religion, or other legally protected characteristics (this is not an exhaustive list):


  • Refuse to rent or sell housing 
  • Refuse to negotiate for housing
  • Make housing unavailable
  • Otherwise deny someone a home
  • Set different terms, conditions, or privileges for the sale or rental of a home 
  • Provide different housing services or facilities
  • Falsely deny that housing is available for inspection, sale, or rental 
  • Blockbusting, i.e., for profit, persuading or trying to convince homeowners to sell their homes by suggesting that people of a particular race or other protected characteristic have moved or are about to move into the neighborhood 
  • Deny someone access to, membership, or participation in any organization, facility, or service related to home sales and rentals (such as a multiple listing service), or discriminate against any person in the terms or conditions of access, membership, or participation 


Responsibilities of the lender


Fair lending guarantees the same lending opportunities to everyone, though lenders can legally make distinctions based on non-protected characteristics, such as credit scores. Lenders cannot discriminate against anybody based on race, national origin, or other legally protected characteristics. Some examples of discriminatory practices include (this is not an exhaustive list):


  • Unnecessary closing costs
  • Inflated broker or lender fees
  • Unnecessary recording fees
  • Excessive prepayment penalties
  • Refusing to consider a mortgage applicant’s disability-related income, such as SSI or SSDI
  • Refusing to provide mortgages to a person on parental leave
  • Changing mortgage loan terms at closing without the borrower’s consent


If you’re dealing with a mortgage broker or lender, take notes during and after the process. Also, ensure you receive these items at no cost: 


  • Good Faith Estimate 
  • Truth in Lending Disclosure Statement
  • Copy of your loan application
  • Mortgage Servicing Disclosure Statement 


Receiving a home loan can be a significant barrier to entry to homeownership and has historically been a discriminatory process. If you believe you have experienced lending discrimination, visit HUD’s housing discrimination complaint website to file a complaint. 


Responsibilities of the appraiser


A home appraiser determines the value of a home so it can serve as collateral for a loan. Home appraisals are an essential part of the homebuying process.


Appraisers must fairly value every home they appraise and cannot charge excessive appraisal costs. Lowballing – making an excessively low appraisal based on the homeowners’ race or other protected characteristics – is prohibited. 


Responsibilities of the real estate agent


Real estate agents are bound by all fair housing laws and regulations. Many agents are also members of the National Association of REALTORS®, which provides an additional code of ethics. 


Redfin employs real estate agents and brokers, most of whom are REALTORS®. In addition to any FHA training all agents and brokers must complete as part of their licensing requirements, and the Code of Ethics REALTORS® must abide by, Redfin requires agents and brokers to complete an additional comprehensive FHA training. This training explains the FHA and the risks of non-compliance, Redfin’s Fair Housing Policy, and restates our commitment to honoring every customer. 



Examples of housing discrimination


While landlords and banks don’t often display ads saying “Whites only” or enforce restrictive covenants, discrimination persists in more subtle ways. Housing discrimination still disproportionately affects people of color and other minoritized groups. For example, studies indicate that same-sex couples and transgender persons often experience less favorable treatment than their straight and cisgender counterparts. 


Lending practices are another example. Outright discrimination is illegal, but racialized perceptions of value contributed to the devaluation of property and housing stock in neighborhoods of color.


All forms of housing discrimination are illegal and punishable by federal law, but subtle methods can be harder to prove.

 

Types of housing discrimination


Some common types of housing discrimination have names. While this list is not exhaustive, here are three common examples:


  • Redlining: Redlining was a racist tactic used by banks, lenders, and other businesses to deny mortgages, insurance, and healthcare to people living in certain areas that were deemed to be “hazardous.” This was once legal and supported by the federal Homeowners Loan Corporation (HOLC) but was outlawed by the Fair Housing Act. However, historically redlined communities are often still lower income and inhabited by minoritized groups. Redlining has also become shorthand for many types of historic race-based exclusionary tactics.
  • Steering: Steering in real estate is the illegal practice of guiding prospective homebuyers towards or away from certain areas based on a legally protected characteristic, such as race or gender. This can create homogeneous neighborhoods that often negatively impact immigrants, people of color, and LGBTQ+ folks while benefiting white, cisgendered homebuyers. Steering continues to be a form of discrimination.   
  • Lowballing: Lowballing is when a home appraiser makes an excessively low appraisal on the basis of race, religion, or other protected characteristics.


Who enforces fair housing?


The Department of Justice (DOJ) and HUD play a role in enforcing the FHA. HUD and its Fair Housing and Equal Opportunity (FHEO) office handle most enforcement and administration responsibilities. In contrast, the DOJ handles violations of the Fair Housing Act, which are punishable by law. Depending on the severity and frequency of the violations, the DOJ can institute criminal charges or take further legal action.


There are ten HUD regions in the US, each with an FHEO office. These offices manage fair housing complaints and administration in their specific region. Individual states, counties, and cities often have their own housing laws and enforcement agencies where people can file complaints and seek help. Nonprofit organizations can help as well and connect people with resources. 


What about fair lending?


In 2021, HUD and the Federal Housing Finance Administration (FHFA) agreed to work together to enforce the Fair Housing Act and to restate their commitment to fighting discrimination in the homebuying process. This is important because FHFA regulates Fannie Mae and Freddie Mac, the two major government-sponsored mortgage lenders. By partnering with HUD, the FHFA can help ensure Fannie Mae, Freddie Mac, and other mortgage lenders practice fair lending. 


Fair housing vs. equal housing opportunity


Fair housing, equal housing opportunity, and equal opportunity housing are different terms that all refer to the Fair Housing Act. The difference is in how they’re used. Fair housing generally refers to rules and regulations, while equal housing opportunity refers to real estate businesses that follow the rules. 


Equal housing opportunity is a common phrase used throughout the real estate industry. It indicates that a business advertises they abide by the Fair Housing Act.


How to identify companies that support fair housing 


Fair housing is the law; all brokerages, lenders, agents, landlords, or other housing providers must follow it. However, many people want to look for brokers or lenders that affirmatively show their commitment to fair housing. To find them, look for the Equal Housing Opportunity logo, statement, or slogan. 


Additionally, all advertising of residential real estate for sale and rent, and financing opportunities, must abide by fair housing laws. It’s illegal to make, print, or publish any notice, statement, or advertisement that indicates a preference, limitation, or discrimination because of race, color, or other legally protected characteristics. 


What to do if you experience housing discrimination


If you experience housing discrimination, your first step should be to file a complaint with HUD, your regional FHEO office, or your local housing authority. In cases where you may be evicted or otherwise lose your housing, HUD can assist you as soon as you file and expedite the judicial process. Retaliation against a complainant is illegal, so fight for your rights. 


If you don’t feel comfortable filing a complaint or want to assess your legal rights, consider consulting an attorney. You can also call a government hotline, such as your city or state’s Human Rights Commission. This can get you more immediate help.


Generally, taking notes during any housing, renting, lending consultations, and other real estate-related services is a good idea. A first-hand account can be helpful if you experience discrimination and wish to file a complaint. 



Final thoughts on fair housing: equal housing is a right


Fair housing is a fundamental right that ensures equal access to housing and equal homeownership opportunities. The Fair Housing Act and its additions, including the Equal Opportunity Credit Act and the Americans with Disabilities Act, provide legal protections and procedures that are enforceable by law. There are protections for more specific cases as well that this article didn’t cover. 


The Fair Housing Act is over 50 years old and continues to help people in need. However, while the industry has changed, it is not free from discriminatory practices. Expanding legislation and providing additional resources will help everyone receive the right to housing without discrimination. It will take work, but it is necessary. 



Source: Redfin

Dusty Rhodes Properties is the Best Realtor in Myrtle Beach! We do everything in our power to help you find the home of your dreams. With experience, expertise, and passion, we are the perfect partner for you in Myrtle Beach, South Carolina. We love what we do and it shows. With more than 22 years of experience in the field, we know our industry like the back of our hands. There’s no challenge too big or too small, and we dedicate our utmost energy to every project we take on. We search thousands of the active and new listings from Aynor, Carolina Forest, Conway, Garden City Beach, Longs, Loris, Murrells Inlet, Myrtle Beach, North Myrtle Beach, Pawleys Island, and Surfside Beach real estate listings to find the hottest deals just for you!

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What Stays With the House When You Move?

By Dusty Rhodes • March 30, 2026
When you’re selling your home , it is natural to assume that anything you can safely remove is yours to keep—like the light fixtures you painstakingly cleaned and repaired, or the appliances you bought last year. But the truth is, the buyer may want some of those items, too, and sometimes it's better to part ways with these items for the sake of the sale. Rather than keep everything, you should decide what you'd like to keep and what you'll leave behind as a way to entice buyers into making an offer, particularly in today's market where buyers are holding more of the cards than ever. What stays with the house? Generally, certain items stay with the house when you sell and move. Some features may seem obvious, but the truth is, you're probably expected to leave more behind than you think. Some of these items can include: Built-ins: Built-in bookshelves, benches, and pull-out furniture generally stay inside the home. Landscaping: Trees, shrubs, and any flowers planted in the ground should stay in the yard. Wall mounts: If you have TV wall mounts or picture mounts that might damage the wall if you remove them, it is a good idea to leave them in place when you move. Custom-fit items: If you have custom-made curtains , plantation shutters, or blinds, leave them on the windows and doors. Hardware : If you upgraded the knobs and drawer pulls in the bathrooms and kitchen, you should either leave those behind or install replacements before you move. Alarm systems : Wireless alarm systems are designed to be removed. Otherwise, leave the alarm monitoring station attached and either relocate or cancel the monitoring service. Smoke detectors : Smoke detectors and sprinkler systems should stay in the house, especially if you plan to move before selling the house. What can you take? While you’re expected to leave some items behind, in general your belongings are yours to keep. Here are some examples: Patio furniture, lawn equipment, and play sets : If you have a wooden swing set in the backyard and a bistro table on the front porch, take those items with you. Appliances : Some lenders require that a home have an oven installed before approving a loan, but for all other appliances, it's up to you to decide what you will take and what you will offer as part of the home. Some light fixtures : Generally, homeowners leave light fixtures behind, but if you’re attached to a certain fixture, you can make arrangements with the buyer to take it. Built-in kitchen tools : If you can safely remove a mounted spice rack or the pasta arm, you can take it with you. Rugs, basic curtains, wreaths : Small decor items like rugs or curtain rods that can be safely removed can be taken. What should you consider leaving? Some of your personal items can be used to help sell your house—or increase the asking price. Before you take everything just to take it, consider offering some hot items like the following: Appliances : Homeowners, especially new homeowners, don’t always have their own appliances. Many buyers would be more likely to place an offer on a home if it came fully stocked with appliances. Custom swing and play sets : If you have a swing set or playhouse your children have outgrown and you notice a potential buyer has children, offer to include the item with the deal. Kitchen built-ins : Built-in spice racks, pantry organization, and windowsill shelves can really help sell a kitchen. Consider offering the items to an interested buyer. Light fixtures, curtains, rugs, and other upgrades : If you’ve upgraded the light fixtures or have custom rugs in the entryway, a buyer may be willing to increase his or her offer to keep those items in the home.  If you’re not sure what would entice a buyer, ask your real estate agent to provide suggestions. Don't have an agent yet? Here's how to find a real estate agent in your area.

Top Mistakes Homeowners Are Making in 2026 (And How To Avoid Them)

By Dusty Rhodes • March 23, 2026
Let’s be clear: selling your house is absolutely possible right now. According to the National Association of Realtors (NAR), roughly 11k homes sell every day in this country. And the sellers who are making their moves happen all have one thing in common: they’ve adjusted their strategy to match today’s market. They’re realizing inventory has grown. Homebuyers are more selective. And buyer expectations are higher. The sellers who struggle are usually approaching today’s market with yesterday’s expectations. Here are the three biggest mistakes they’re making – and how to avoid them. 1. Pricing Based on What Their Neighbor Got a Few Years Back Setting your price is the most important decision you make when you sell – and the one that’s most often mishandled. Realtor.com data shows almost 1 out of 5 sellers in 2025 had to drop their price. Here’s what those sellers went wrong. Buyers have more choice and more negotiating power now that inventory has grown. And house hunters will actively avoid your house is if feels like it’s priced too high. That’s why overpricing usually leads to: Fewer showings Less competitive (or lowball) offers Longer time on market And all three of those side effects are things you don’t want to deal with. What To Do Instead: The good news is the cure is simple. Just price for today’s buyer, not yesterday’s headlines. Lean on your agent’s knowledge of recent comparable sales, current competition, and local buyer behavior to land in the value “sweet spot” that drives traffic and urgency from day one. 2. Trying To Skip Repairs That Buyers Now Expect A few years ago, you could sell as-is and still get well above asking. Today? Not so much. Right now, NAR says two-thirds of sellers are making at least some repairs. And the reason why is simple. In a market with more inventory, buyers compare homes side by side. Homes that don’t show well (or feel dated) are going to lose attention quickly, even if the issues are minor. What To Do Instead: Ask your agent which high-impact, low-stress updates they’d recommend for your house. The goal isn’t perfection. It’s helping buyers see themselves moving in without a mental to-do list. Small investments in staging, repairs, and curb appeal can make a huge difference in how quickly offers come in – and how strong those offers are. 3. Playing Hardball When Buyers Try To Negotiate Today’s buyers have housing affordability at the top of their minds. And since money is already tight, they’ll be pickier and will probably ask for some compromises from you. Whether that’s making repairs, giving them a credit at closing, or taking just a few thousand dollars off your asking price, negotiating is normal again. So, if something pops up in the inspection, you’re going to need to be open to talking about it. If you’re not, you may very well see your buyer walk away. And some sellers are figuring this out the hard way. Redfin data shows one of the big reasons home sales fell thru in 2025 was inspection or repair issues. Odds are those homeowners weren’t willing to flex a bit to get the deal done. What to Do Instead: Meet with your agent to make sure you understand what buyers in your area care the most about. Align your price with value, present the home clearly and confidently, and stay open to reasonable negotiations that keep deals moving forward.

10 Aging-in-Place Features Pros Swear By

By Dusty Rhodes • March 16, 2026
They’re often called aging-in-place features, but things like curbless showers, nonslip flooring and wide walkways and doorways can benefit everyone, no matter their age or ability. “Regardless of aging in place, there is a place for these in day-to-day life, whether it be a teenager on crutches, a family member having had surgery, active kids,” designer Dana Bass says. “It’s not just about aging in place. We’ve got to account for unplanned life emergencies.” Designer Tammy Battistessa of Ellaire Kitchen & Bath Design agrees. “Whenever possible, I include aging-in-place and universal design features in every project, as I believe many of these features benefit clients of all ages and abilities, in addition to allowing a client to safely remain in their home for a longer period of time,” she says. Creating a home that can adapt also makes it more sustainable. “Aging in place is a key element to making legacy homes that can evolve over time,” architect Tim Barber says. With all that in mind, we asked more than 50 home design and construction professionals to share the aging-in-place features they always recommend. Here are the 10 that came up again and again. 1. Wide Walkways and Doorways Planning ahead is one of the most important steps when incorporating aging-in-place features. Many of these elements require thoughtful design and construction, so it’s wise to start early — and to consider hiring professionals who understand the nuances. “Thinking through how you will really use the space makes all the difference,” designer Haiku Durden of HDS Design says. “Having a designer involved really makes a difference.” A professional can help you create a plan that works for your current needs and anticipates future ones. “We currently default to aging-in-place features when our clients are near retirement or retirement age,” says designer Jenny Guggenheim of Guggenheim Architecture and Design Studio . “Preplanning by adding blocking behind the wall finish, spacious floor planning to allow for wheelchair or walker use.” In fact, spacious layouts are among the most commonly recommended aging-in-place strategies. Wide walkways and doorways — and generous clearances around furniture and fixtures — make it easier for anyone to move through the home comfortably. Installing a continuous flooring material throughout also reduces tripping hazards caused by changes in height or texture between rooms.