	Introduction

The Fair Housing Act (FHA) was enacted "to provide, within constitutional limitations, for fair housing throughout the United States." The original 1968 act prohibited discrimination on the basis of "race, color, religion, or national origin" in the sale or rental of housing, the financing of housing, or the provision of brokerage services. In 1974, the act was amended to add sex discrimination to the list of prohibited activities. The last major change to the act occurred in 1988 when it was amended to prohibit discrimination on the additional grounds of physical and mental handicap, as well as familial status. Housing Practices in Which Discrimination Is Prohibited

The FHA prohibits discrimination on the basis of race, color, religion, sex, handicap, familial status, or national origin in the sale or rental of housing, the financing of housing, the provision of brokerage services, or in residential real estate-related transactions. In general, the FHA applies to a broad assortment of housing, both public and private, including single family homes, apartments, condominiums, mobile homes, and others. Thus, the provisions of the FHA extend to the secondary mortgage market. Exemptions from Coverage

Although the FHA is broadly applicable, it includes some exemptions. The FHA does not "limit[] the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling." Affirmatively Furthering Fair Housing Regulations

In July 2015, HUD issued final regulations designed to implement an FHA mandate that executive agencies administering HUD programs, as well as HUD-grantees and other recipients of HUD funding, further the FHA's goals of reducing segregation and housing barriers. The Supreme Court's holding in Inclusive Communities that "disparate-impact claims are cognizable under the [FHA]" mirrors previous interpretations of the Department of Housing and Urban Development (HUD) and all 11 federal courts of appeals that had ruled on the issue. While plaintiffs historically have faced fairly steep odds of getting their disparate impact claims past the preliminary stages of litigation, much less succeeding on the merits of those claims, it is possible that the "cautionary standards" stressed by the Inclusive Communities majority might result in even fewer successful disparate impact claims and swifter disposal of claims that are raised. Discrimination Based on Sex, Sexual Orientation, and Gender Identity

While the FHA prohibits discrimination based on sex, the act does not explicitly prohibit discrimination on the basis of sexual orientation or gender identity. Nevertheless, certain forms of discrimination against members of the LGBT community can violate the FHA.
The Fair Housing Act (FHA) was enacted "to provide, within constitutional limitations, for fair housing throughout the United States." The original 1968 act prohibited discrimination on the basis of "race, color, religion, or national origin" in the sale or rental of housing, the financing of housing, or the provision of brokerage services. In 1974, the act was amended to add sex discrimination to the list of prohibited activities. The last major change to the act occurred in 1988 when it was amended to prohibit discrimination on the additional grounds of physical and mental handicap, as well as familial status. However, legislation that would amend the FHA is routinely introduced in Congress, including S. 1858/H.R. 3185, H.R. 501, and H.R. 3145 in the 114th Congress.
Key Takeaways
The FHA prohibits discrimination on the basis of "race, color, religion, sex, handicap, familial status, or national origin...." In general, the FHA applies broadly to all sorts of housing, public and private, including single family homes, apartments, condominiums, mobile homes, and others. The act's coverage also extends to the secondary mortgage market. However, the act includes some exemptions. For example, the FHA does not "limit[] the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling." While the FHA prohibits discrimination based on sex, the FHA does not prohibit discrimination on the basis of sexual orientation or gender identity. However, certain forms of discrimination against members of the LGBT (lesbian, gay, bisexual, transgender) community can violate the FHA. In June 2015, the Supreme Court held in Texas Department of Housing and Community Affairs v. Inclusive Communities Project that, in addition to intentional discrimination, disparate impact claims are cognizable under the FHA—a view previously espoused by HUD and the 11 U.S. Courts of Appeals to render opinions on the issue. Although plaintiffs historically have faced fairly steep odds of getting their disparate impact claims past the preliminary stages of litigation, much less succeeding on the merits, the "cautionary standards" stressed by the Inclusive Communities Court might result in even fewer successful disparate impact claims being raised in the courts and swifter disposal of claims that are raised. In July 2015, HUD issued final regulations designed to implement an FHA mandate that executive agencies administering HUD programs, as well as HUD-grantees and other recipients of HUD funding, affirmatively further the FHA's goals of reducing segregation and housing barriers. The FHA may be enforced in varying ways by the Attorney General, by the Department of Housing and Urban Development (HUD), and by victims of discrimination. Potential remedies available under the act include actual damages, punitive damages, equitable relief, and reasonable legal costs. Violators also may be assessed civil penalties.