Montana Fair Housing Law: 10 Things Landlords Cannot Do (With Real Cases)

Why This Matters More Than You Think

Fair housing violations are the fastest way to turn a profitable rental into a financial disaster. A single complaint can cost you:

• $16,000–$100,000+ in federal penalties
• Legal defense fees (even if you win)
• Consent orders that restrict how you operate for years
• Reputation damage in your community

And here's what most Montana landlords don't realize: Montana protects more classes than federal law. You can be in full compliance with the Fair Housing Act and still violate Montana law.

Protected Classes in Montana

Federal (FHA)	Montana (Additional)
Race	Creed
Color	Marital status
National origin	Age
Religion
Sex (includes gender identity, sexual orientation)
Familial status (children under 18)
Disability

Montana law adds creed (broader than religion — includes personal beliefs), marital status (can't prefer married couples over unmarried ones), and age (can't refuse to rent to someone because they're "too young" or "too old").

Source: Montana Human Rights Act, MCA § 49-2-305, Montana Fair Housing

The 10 Things You Cannot Do

1. You Cannot Refuse to Rent Based on Protected Class

This is the core rule. You cannot decline an application because of someone's race, color, national origin, religion, sex, familial status, disability, creed, marital status, or age.

What this looks like in practice:

• Telling a caller "we don't rent to families with kids"
• Rejecting an applicant because of their accent or name
• Preferring married couples over unmarried partners

You CAN reject applicants for legitimate business reasons: bad credit, insufficient income, poor rental history, criminal convictions directly related to property safety (applied consistently).

2. You Cannot Ask Discriminatory Questions

During showings, applications, or interviews — certain questions are off limits:

Never Ask	Why
"Do you have children?"	Familial status
"Where are you from originally?"	National origin
"Are you married?"	Marital status
"Do you go to church?"	Religion/creed
"How old are you?"	Age
"What's your disability?"	Disability

What to ask instead: Focus exclusively on ability to pay rent, rental history, and credit/background check results. Apply the same questions and criteria to every applicant.

3. You Cannot Steer Tenants to Specific Units

"Steering" means directing people to or away from specific neighborhoods, buildings, or units based on their protected class. Examples:

• Showing a Black family only units in one area of your complex
• Telling a family with children they'd "be happier" in a ground-floor unit
• Suggesting a neighborhood based on someone's national origin

4. You Cannot Set Different Terms or Conditions

You cannot charge different rent, require different deposits, enforce different rules, or offer different lease terms based on protected class.

If you charge $1,500/month and require a $1,500 deposit — that's the deal for everyone. You can't charge more for families with children, or require a larger deposit from someone with a disability.

5. You Cannot Discriminate in Advertising

Your listing language matters. Phrases that describe ideal tenants by protected class are violations:

Problematic	Why	Safe Alternative
"Perfect for young professionals"	Age discrimination	"Close to downtown"
"Great for couples"	Familial status	"One-bedroom apartment"
"Christian community"	Religion	(Remove entirely)
"No children"	Familial status	(Never say this)
"English speakers only"	National origin	(Never say this)

Safe to include: Property features, location details, lease terms, income requirements, pet policies.

6. You Cannot Refuse Reasonable Accommodations for Disabilities

If a tenant or applicant has a disability, you must allow reasonable accommodations (changes to rules/policies) and reasonable modifications (physical changes to the unit).

Examples:

• Allowing an assistance animal despite a no-pet policy (you cannot charge pet rent or pet deposits for service/assistance animals)
• Allowing a tenant to install grab bars in the bathroom at their expense
• Reserving a closer parking spot for a mobility-impaired tenant

You can require documentation of the disability-related need, but you cannot ask for the specific diagnosis.

7. You Cannot Retaliate Against Someone Who Files a Complaint

If a tenant files a fair housing complaint against you — even if it's baseless — you cannot:

• Raise their rent
• Refuse to renew their lease
• Reduce maintenance/services
• Harass or intimidate them
• Evict them

Retaliation is a separate violation that can result in additional penalties on top of the original complaint.

8. You Cannot Apply Screening Criteria Inconsistently

If your screening criteria says "minimum 3x rent income" — that applies to everyone. You cannot:

• Relax it for applicants you like
• Tighten it for applicants from a protected class
• "Find" additional requirements mid-process

Best practice: Write your screening criteria down before you start taking applications. Apply it identically to every applicant. Document your decisions.

9. You Cannot Refuse to Rent to Families in "Adult" Communities

Unless your property qualifies as Housing for Older Persons (55+ community with specific legal requirements), you cannot refuse to rent to families with children under 18.

"Adult-only" buildings are only legal if they meet strict federal criteria:

• At least 80% of units are occupied by at least one person 55 or older
• Published policies demonstrating intent to be 55+ housing
• Compliance verified through reliable surveys

10. You Cannot Ignore Tenant-on-Tenant Harassment

If you know a tenant is harassing another tenant based on protected class (racial slurs, sexual harassment, disability harassment), and you fail to act — you may be liable for a fair housing violation.

You don't have to solve every conflict. But you must take reasonable steps when you're aware of discriminatory harassment between tenants.

Real Montana Cases

HUD v. Livingston Landlord (2026): HUD filed discrimination charges against a Montana apartment owner for retaliation against a tenant who complained about unwanted advances toward her daughter. The case involved sex discrimination and retaliatory conduct.

Source: KiowaCountyPress — HUD Montana Complaint

Trend: Montana Fair Housing reports that discrimination complaints are increasing as the state's population grows and rental markets tighten. Housing discrimination complaints rose significantly between 2020-2025 as landlords became more selective with growing applicant pools.

How to File or Respond to a Complaint

Action	Where	Deadline
File federal complaint	HUD Denver Regional Office: (800) 669-9777	Within 1 year
File state complaint	Montana Human Rights Bureau: (406) 444-2884	Within 180 days
File in federal court	U.S. District Court	Within 2 years
Local assistance	Montana Fair Housing: (406) 782-2573	Varies

Source: City of Billings — Filing a Complaint

How to Stay Safe (Simple Rules)

1. Write your criteria down before advertising
2. Apply everything consistently — same questions, same standards, every time
3. Document everything — applications, decisions, reasons for denial
4. Focus on financials — income, credit, rental history are always safe criteria
5. Never discuss protected characteristics — if it's not about their ability to pay and care for the property, don't bring it up
6. Train anyone who interacts with tenants — maintenance staff, property managers, showing agents

Related Reading

• Montana Tenant Screening: Legal and Smart Practices — How to screen without violating fair housing
• Montana Lease Agreement: Required Disclosures — Keeping your lease compliant
• Montana First-Time Landlord Checklist — Build fair housing into your process from day one

Resources

• Montana Fair Housing — State fair housing organization
• Montana Human Rights Bureau — File state complaints
• HUD — File a Complaint — Federal complaint portal
• Montana Commerce — Fair Housing — State resources
• NOLO — Montana Landlord-Tenant Laws