Illegal Housing Discrimination
If a landlord refuses to rent to you because you have kids or because of the way you look, talk, or where you're from, you may have experienced illegal housing discrimination.
In Oregon, if you're renting—or trying to rent—a home in Oregon, the law protects you from this kind of unfair treatment.
This page explains your rights, gives examples of illegal housing discrimination, and explains your options if a landlord treats you unfairly.
What is illegal housing discrimination?
In Oregon, it’s illegal for a landlord to discriminate (treat you differently) based on:
- Sex, gender identity, or sexual orientation.
- Family status (being pregnant, married, single, or having kids).
- Race, religion, color, or national origin.
- Immigration status.
- Where your rent money comes from (like Section 8 or disability benefits).
- Disability (physical or mental).
- Being a survivor of domestic violence, sexual assault, stalking, or a bias crime.
Landlords can’t discriminate against you just because you belong to one of these groups.
For example, if you’re from Canada or Mexico, a landlord in Oregon can’t refuse to rent to you just because you're from another country. That's discrimination.
Do all landlords have to follow these rules?
No. Oregon law says that if a landlord lives in the same single-family home as their renter and they share common areas (like a kitchen, laundry, or yard), the landlord is allowed to choose renters based on sex, sexual orientation, gender identity, or whether the renter has children.
But the landlord is still not allowed to discriminate for other reasons, like race, disability, or religion.
Examples of illegal discrimination
Here are common ways landlords break the law:
Refusing to rent to someone
- Refusing to rent to people who don’t speak English
- Refusing to rent an apartment to someone with kids
- Refusing applicants who use housing vouchers
- Refusing to rent to someone because they have a service animal
Charging different rent or fees
- Charging higher rent or deposits for people who get government benefits
- Charging “pet rent” for a service or emotional support animals
- Charging a higher security deposit because a renter has children
Applying different rules
- Asking for extra documents from immigrants or non-English speakers
- Refusing a reasonable accommodation, such as a reserved parking space, for someone with a disability
- Having special rules that only apply to kids, like “no toys in the common areas”
Harassment or eviction
- Harassing someone because of their religion, race, or gender identity
- Threatening to call immigration authorities
- Refusing to renew a lease after a domestic violence incident
How to recognize discrimination
Discrimination isn’t always obvious. Here are some signs:
- A landlord gives changing or confusing reasons for denying your application
- They treat you differently than other renters
- They make special rules just for you
Trust your gut. If something feels wrong, write down what happened and consider getting help.
When different treatment is legal
Not all discrimination is illegal. Landlords can make decisions based on things like:
- Pets (unless they’re service or emotional support animals)
- Your job
- Not having enough income (after including public benefits)
- Your hobbies or lifestyle (like smoking or playing loud music)
What to do if you’re discriminated against
What you do next depends on your goals.
- You might want the landlord to stop breaking the law, so what happened to you doesn’t happen to others.
- Or you might want to take legal action and get money for the harm you experienced.
You can choose one or both.
Option 1: If you just want your landlord to follow the law
If you just want your landlord to follow the law, or aren’t sure what to do, you can report the discrimination to the Fair Housing Council of Oregon (FHCO).
FHCO can help you understand your rights, investigate, gather evidence, educate the landlord, and refer the case to a lawyer or government agency if the landlord keeps breaking the law.
Option 2: If you want justice for yourself
If you want to pursue a legal claim against the landlord, you can:
File a complaint with the Oregon Bureau of Labor and Industries (BOLI). BOLI investigates and helps people who have experienced illegal housing discrimination. Learn more at the BOLI Fair Housing page.
File a complaint with U.S. Department of Housing and Urban Development (HUD). HUD also investigates and helps people who have experienced illegal housing discrimination. Learn more at HUD’s Report Housing Discrimination page.
To sue for money, talk to a lawyer who handles housing discrimination cases. You can find a lawyer using the Legal Directory on this site or by contacting Oregon’s Lawyer Referral Service.
Act quickly! If you think you experienced housing discrimination, you have only:
One year to file a complaint with a government agency like BOLI or HUD.
Two years to file a lawsuit in court.
If you wait too long, you may lose your chance to take action.
More Frequently Asked Questions
No. As of 2025, Oregon law says landlords can’t ask about your immigration status. They can’t ask if you’re in the U.S. legally or if you have a green card. Learn more about protections for immigrants.
A landlord can’t refuse to rent to you just because you get public assistance, like:
- Section 8 housing vouchers
- Disability benefits
- Emergency rental assistance
- Temporary Assistance for Needy Families (TANF)
- Refugee assistance
- Social Security benefits
However, a landlord can refuse to rent to you if:
- You don’t meet their income requirements (even after including government benefits as part of your income)
- Your income is from illegal activity
No. It’s illegal to:
- Evict you because you’re pregnant or have children.
- Limit you to one person per bedroom.
- Refuse to rent to families with kids.
- Ban kids from common areas or outdoor spaces.
Exception: Some housing is legally for people 55 and older. These places can refuse to rent to families with children.
In Oregon:
- If you’re 16 or 17, you can rent without an adult. A landlord can’t deny your application just because you’re not 18.
- If you’re under 16, you can rent if you’re pregnant or a parent and your child lives with you.
A landlord can’t deny you just because you have a criminal record. They also can’t have a blanket policy that they don’t rent to people with criminal histories.
Landlords must look at your situation individually.
They can consider:
- Drug-related convictions (except marijuana possession)
- Crimes against others (like assault or abuse)
- Crimes involving dishonesty (like fraud or theft)
- Other crimes that may affect safety or property
If they deny you, they must give you a chance to explain:
- What crime it was
- When it happened
- How your life has changed
You can also provide supportive letters from:
- Counselors or therapists
- Parole officers
- Recovery programs
If you have a record, check out:
- How to Clear (“Expunge”) Your Criminal Record in Oregon
- Moving Forward with a Past – a PDF guide for people with criminal histories
A landlord can’t deny your application just because of an arrest—unless:
- The case is still open
- You’re in a diversion program
- You were later convicted
A landlord can’t treat you unfairly because:
- You have a medical marijuana card
- You use marijuana for health reasons
- You were charged in the past for something that’s now legal
But landlords can:
- Ban smoking or growing marijuana on the property
- Enforce a no-smoking rule (including marijuana)
No. It’s illegal for a landlord to retaliate if you:
- Complain about discrimination
- Ask for your legal rights
- Report unsafe or unfair conditions
Retaliation could include:
- Eviction
- Raising your rent
- Changing your lease terms
Here are the Oregon laws that protect you from housing discrimination:
- ORS 90.303 – Rules for screening rental applicants
- ORS 90.385 - Rules against landlord retaliation
- ORS 90.390 – Discrimination in renting
- ORS 90.449 – Protections for victims of domestic violence, sexual assault, stalking, and bias crimes
- ORS 109.697 – When minors (under 18) can rent housing without parents
- ORS 659A.145 – Protections for people with disabilities
- ORS 659A.421 – General rules against housing discrimination
You’re also protected under federal law: Title VIII of the Civil Rights Act of 1968 (also called the Federal Fair Housing Act), 42 United States Code Section 3604.