Housing Discrimination FAQs
Accordion
What is Housing Discrimination?
The Montana Human Rights Act states it is unlawful to make decisions about housing because of a person’s:
Race
Color
National origin
Religion
Sex
Marital status
Age
Disability (including the need for service animals and reasonable accommodations)
Familial status (the presence of children under the age of 18).
What Type of Housing Is Covered?
Montana and federal fair housing laws cover most types of housing. The law exempts owner-occupied sleeping rooms in a private residence, provided the owner rents no more than 3 rooms within the residence.
Exception for Housing for Older Persons
Housing for older persons is exempt from the familial status and age provisions of Montana fair housing law if the units:
Are occupied solely by persons who are 62 or older, or
At least one person who is 55 or older resides in 80% of the occupied units
Owners publish and adhere to written policies and procedures that demonstrate the housing is intended and operated for persons 55 and older.
If Based on a Protected Class, the Following Actions Are Prohibited
Printing, or publishing any advertisement or statement that indicates a limitation or preference in the area of housing
Refuse to rent or sell housing or otherwise deny entry into a neighborhood
Set different terms, conditions, facilities, services or privileges for sale or rental of a housing unit
Ask about a buyer’s or renter’s protected class
Represent that available housing is not available for inspection, sale or rental
For profit, persuade owners to sell or rent
Deny reasonable accommodations, at their expense, to persons with disabilities, in sales, rental and terms and conditions