5.2 Prohibited Discriminatory Practices

5.2 Prohibited Discriminatory Practices

Quick Answer: The Fair Housing Act forbids refusing housing, offering worse terms, lying about availability, publishing discriminatory ads, steering, blockbusting, redlining-related housing denials, and harassing or retaliating because of a protected class. Testers may gather evidence. Intentional different treatment is disparate treatment; unjustified neutral policies that harm a protected group can be disparate impact.

Section 5.1 told you who is protected. This section is what you may not do when showing apartments, taking applications, and writing leases in Illinois.

Refusing to Rent, Negotiate, or Make Housing Unavailable

It is unlawful to refuse to rent or negotiate for a dwelling, or otherwise make housing unavailable, because of race, color, religion, national origin, sex, familial status, or disability. In leasing-agent language that includes: hanging up on an applicant after hearing an accent; “we’re full” when units remain; requiring a co-signer only for members of one national-origin group; or telling a wheelchair user the building “isn’t a good fit” without discussing accommodations. Availability must be stated the same way to similarly situated applicants.

Different Terms, Conditions, Privileges, or Services

Charging a higher rent or deposit, offering a shorter lease, denying parking, delaying maintenance, or applying stricter guest rules because of a protected class is illegal even if you still “rent to them.” Example: requiring families with children to take only basement units “for noise,” or adding a “religious lifestyle addendum” only for Muslim applicants. Uniform, written criteria applied consistently are your defense; ad-hoc “gut feel” is an exam and lawsuit liability.

Discriminatory Advertising and Statements

Section 804(c) prohibits notices, statements, or advertisements that indicate a preference, limitation, or discrimination based on a protected class. That covers Zillow/Apartments.com blurbs, yard signs, verbal remarks at open houses, and text messages. Obvious violations (“No kids,” “Christians preferred,” “Able-bodied tenants only”) are easy. Coded ads also fail: “perfect for singles,” “no wheelchairs—walk-up only” as a scare-off rather than a factual accessibility description paired with accommodation information, or photos/human models used to signal racial preference. HUD advertising guidance long emphasized that describing the property (square footage, rent, pets policy if lawful) is safer than describing the ideal tenant. Remember Mrs. Murphy: ads are still regulated even when some rental decisions might be exempt.

Steering

Steering is directing people toward or away from neighborhoods, buildings, or units because of a protected class—often under the guise of “you’ll be more comfortable.” Showing only west-side buildings to Black applicants while offering east-side inventory to White applicants, or putting families with children only on “family floors,” are classic patterns. Lawful practice: ask about housing needs (budget, bedrooms, commute, first-floor preference) and show all qualifying inventory that meets those neutral needs—not your assumptions about race, religion, or family composition.

Blockbusting

Blockbusting (panic peddling) is inducing owners to sell or rent by representations about protected-class entry into the neighborhood—“sell now before property values drop when [group] moves in.” It is a sales-era classic that still appears on licensing outlines. Leasing agents can commit related unlawful inducement if they pressure owners with demographic scare tactics about who is applying.

Redlining (and Its Leasing Cousins)

Redlining historically meant lenders drawing maps to deny credit to minority neighborhoods. The FHA and related civil-rights laws reach discriminatory lending and appraisal practices. For leasing agents, the cousin behaviors are refusing to show or lease in certain ZIP codes based on the racial or ethnic composition of the area, or applying tougher screening only for buildings in majority-minority census tracts. Geography-based business decisions must rest on neutral factors (owner’s actual vacancy, legitimate crime/safety data applied evenly)—not protected-class demographics.

Harassment and Interference

Severe or pervasive harassment because of a protected class—sexual harassment by a leasing agent demanding dates for lease approval, racial slurs by staff, disability-based ridicule—can violate the FHA. Quid pro quo sexual harassment (housing benefit conditioned on sexual favors) and hostile-environment harassment both matter. It is also unlawful to coerce, intimidate, threaten, or interfere with someone exercising fair-housing rights, or to retaliate because a person filed a complaint or assisted an investigation.

Testers

Fair housing testers are individuals (often from nonprofit agencies) who pose as applicants to compare treatment. One tester may present as a White single professional; another as a Black single professional with matching income. Different availability statements, different deposits quoted, or different courtesy in follow-up become evidence. Legally, testing is a recognized investigation method. Operationally: identical scripts, logged unit boards, and identical application packets for similarly situated prospects. Never “warn” colleagues to behave only when a tester might be calling—that is an admission of dual standards.

Disparate Treatment vs. Disparate Impact

The Supreme Court recognized disparate-impact claims under the FHA in Texas Department of Housing & Community Affairs v. Inclusive Communities Project (2015). HUD has issued (and updated over time) rules and guidance on discriminatory effects; exam items usually test the concept: impact cases attack unjustified effects, not only smoking-gun intent. Cook County’s Just Housing Amendment (Chapter 6) is a local criminal-screening regime you must not confuse with the federal disparate-impact idea—but both push you away from blunt, one-size bans.

Illinois Leasing Scenarios to Internalize

• Owner: “Don’t rent to Section 8.” Source-of-income rules are primarily state/local (Illinois and many localities protect voucher holders)—but the instruction may also mask race or national-origin discrimination (disparate treatment or impact). Escalate to your managing broker; do not implement a secret ban.
• Owner: “No college kids / no families.” Familial status risk is immediate if “families” means children.
• Colleague: “Let’s put the Spanish speakers in Building B.” That is steering on national origin.
• Ad draft: “Ideal for quiet professionals—no children.” Discriminatory advertising on familial status.

Document neutral reasons for every denial (credit score threshold applied to all, incomplete application, verified income below published standard). If you cannot write a nondiscriminatory reason, stop and get broker guidance before sending the adverse action.