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Fair Housing Act

The Federal Fair Housing Act (FHA):

  • Prohibits housing discrimination based on race, color, national origin, religion, sex, family status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), or disability.  People who smoke are not a protected class of citizens with respect to the federal Fair Housing Act.
  • Prohibits discrimination against people with disabilities, including those with severe breathing problems.
  • Allows people with breathing disabilities to seek reasonable accommodations from owners and operators. This is true for most housing in the United States. This provides tenants a way to address the serious health hazards posed by secondhand smoke.

Additional Information

Filing an FHA Complaint

If you believe that your rights under the FHA have been violated, you can file a complaint with the Office of Fair Housing of the U.S. Department of Housing and Urban Development (HUD).



The information and materials provided by the Smoke-Free Housing Coalition and the Breathe Easy Coalition of Maine are for information purposes only and are not offered or intended to be and should not be construed to be legal advice nor to be a substitute for obtaining legal advice from a licensed attorney.