April 11th marks the anniversary of the enactment of the Civil Rights Act of 1968, also known as the Federal Fair Housing Act (FHA). Since its enactment and through its amendments, the FHA has expressly...
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April 11th marks the anniversary of the enactment of the Civil Rights Act of 1968, also known as the Federal Fair Housing Act (FHA). Since its enactment and through its amendments, the FHA has expressly prohibited discrimination based on race, color, religion, national origin, sex, disability, and familial status in residential real-estate transactions, such as sales, rentals, and lending.
More than fifty years after the FHA’s enactment, discrimination in both public and private residential housing continues. In their 2025 Trends Report, the National Fair Housing Alliance found that “discrimination in housing remains both pervasive and persistent, demanding continued vigilance and enforcement.” Pointing to high volumes of fair housing complaints involving disability and national origin, along with a sharp rise in claims tied to algorithmic screening and pricing tools, an attorney from Offit Kurman observed that “The NFHA’s 2025 Trends Report delivers a clear message: fair housing enforcement mechanisms remain strained.”
Indeed, powerful data and exclusive insights from Lex Machina®, the LexisNexis® Legal Analytics® platform, confirms that federal lawsuits alleging violations of fair housing laws surged last year. In 2025, plaintiffs filed more than 1,250 fair housing lawsuits in U.S. federal district courts — a year-over-year increase of about 40%.
Fair Housing Act Lawsuits in U.S. Federal District Courts, 2018-2025
The FHA prohibits discrimination in the sale or rental of housing, the financing of housing, the provision of brokerage services, and other housing-related activities. Some examples of covered conduct include refusing to sell or rent, setting different terms or conditions, making discriminatory statements, or marketing in a way that indicates a preference or limitation. The FHA also addresses practices like steering, redlining, and harassment in housing contexts. In addition, the law requires reasonable accommodations for individuals with disabilities and permits reasonable modifications to housing when necessary for equal use and enjoyment.
For more information, see Lexis® Practical Guidance: The Fair Housing Act – Prohibited Practices, Types of Claims, and Compliance Strategies.
According to data from the Lex Machina platform, unrepresented (pro se) claimants largely drove last year’s increase in FHA lawsuits, potentially encouraged by large language models and other publicly accessible AI tools. There has also been a notable prospect of significant recoveries as reflected in recent jury awards. For example, in November 2025, a jury awarded more than $12.2 million in damages, excluding costs, fees, and interest, against Florence County, South Carolina, based on claims that its conduct had a disparate impact on racial minorities (DHD Jessamine LLC v. Florence County, D.S.C. 4:22-cv-01235). In another case, a December 2024 jury awarded $7.4 million in damages, excluding costs, fees, and interest against residential landlords for failure to provide reasonable accommodations (accessible parking spots) for persons with disabilities, in United States v. Aqua 388 et al., C.D. Cal. 2:23-cv-02498.
Fair Housing Act Damages in U.S. Federal District Courts, 2019-2025
Individuals who file fair housing complaints with the Department of Housing and Urban Development (HUD) or their state and local Fair Housing Assistance Program (FHAP), if accepted, are usually assigned a case number and the agency notifies the respondent of the allegations. The agency then begins an investigation, which typically includes requesting a written response to the complaint, collecting documents from the parties, and interviewing witnesses. In some cases, HUD may refer the complaint to the FHAP with similar enforcement authority, which will take the lead on the investigation.
Upon completing its investigation, the agency issues a finding of either “cause” or “no cause.” A no-cause finding results in dismissal, while a cause finding may lead to further conciliation efforts or referral for enforcement action, including administrative proceedings or litigation. Regardless of the agency process, the complainant also has the option to file a private lawsuit in court.
For more information, see Lexis Practical Guidance: The Fair Housing Act – Enforcement Actions.
Lex Machina is the premier source for data and insights on civil rights litigation in federal courts, including powerful analytics on over 270,000 cases in which plaintiffs claimed violations of rights protected under the U.S. Constitution or various statutes and 12,053 federally filed FHA cases.
Did you know? Law students, faculty, and professional staff in the United States have public-interest access to civil rights litigation analytics in Lex Machina, including the complete collection of case documents, analytics, and insights for Fair Housing Act litigation in federal courts.
Through this public-interest program, academic scholars can quickly and easily learn what happened in each of those cases – who won, by what procedural means, under what findings, how long it took, what damages were awarded, what equitable remedies were imposed, and whether the district court outcome survived appeal, as well as key experience metrics related to the attorneys, law firms, parties, and judges involved.
Ready to see how easy it is to become a data-empowered legal professional? Schedule a Lex Machina demonstration today.
1.Is the Fair Housing Act a federal law?
Yes, the FHA is enacted as federal law and codified at 42 U.S.C. § 3601 et seq. Many states and local jurisdictions also have their own fair housing laws.
2.Which protected characteristics are recognized under the Fair Housing Act?
Federal law prohibits housing discrimination based on “race, color, religion, sex, handicap, familial status, or national origin.” 42 U.S.C. § 3605.
3.What group is not protected under federal fair housing laws?
Lawmakers regularly put forward bills to expand the scope of the federal Fair Housing Act, often seeking to add protections for characteristics such as marital status, source of income, and military or veteran status.