Illegal Language in Montana Rental Ads: What Landlords Can’t Say

When searching for housing in Montana, renters may sometimes encounter rental ads with questionable or suspicious language. Understanding what landlords legally can and cannot say in their advertisements can help protect you against housing discrimination. Montana follows both federal Fair Housing requirements and its own state laws to prevent unfair treatment in advertising rentals.

Montana Fair Housing Laws and Rental Advertising

The federal Fair Housing Act makes it illegal for landlords to advertise rental properties in a way that shows preference, limitation, or discrimination based on certain protected classes. Montana’s own Montana Human Rights Act expands these protections for renters within the state¹.

Protected Classes Under Montana and Federal Law

Landlords, property managers, and even real estate agents cannot use advertising language that prefers, excludes, or otherwise targets (positively or negatively) individuals based on:

• Race or color
• National origin
• Religion
• Sex (including gender identity & sexual orientation)
• Familial status (families with children, pregnant women)
• Disability
• Age and marital status (protected under Montana law)

For more details, visit the Montana Human Rights Commission website.

Examples of Illegal Rental Advertisement Language

A rental ad in Montana cannot contain phrases that exclude or prefer certain types of people. Illegal language in Montana includes:

• “No children” or “adults only”
• “Christian neighborhood” or “near church” (religion-based language)
• “No wheelchairs” or “must be able-bodied” (disability-based exclusion)
• “English only” or “must speak English”
• References to race or ethnic groups, such as “ideal for [X] nationality”
• “Married couples preferred” or “single professionals only”

Instead, advertising should focus on features of the unit, not the type of renter. For instance, stating “ground floor access” is legal; saying “not suitable for seniors” is not.

What To Do If You See Discriminatory Language

If you notice illegal phrases or suspect discrimination in a Montana rental advertisement, you have the right to file a formal complaint. Montana renters are protected from discrimination, and there are official steps for reporting issues.

How to File a Discrimination Complaint in Montana

Complaints about discriminatory advertisements are handled by the Montana Human Rights Commission (part of the Montana Department of Labor & Industry), which enforces Montana's Human Rights Act and related fair housing laws.

• Form Used: Montana Human Rights Bureau Intake Questionnaire
• The Human Rights Discrimination Complaint Form should be used to start the process.
• When to Use: If you believe you have been subject to illegal discrimination in a rental ad (or elsewhere in the rental process), fill out and submit this form as soon as possible after the incident occurs.
• How to Use: Download and complete the form, then submit it by mail, fax, or in-person to the Montana Human Rights Bureau. Instructions and contact information are on the form itself.

After a complaint is filed, the Commission will conduct an investigation. Possible outcomes include settlement, conciliation, or a formal hearing.

Citing the Key Laws

• Montana Human Rights Act - 49-2-305. Discrimination in housing
• Federal Fair Housing Act

This legislation outlines all unlawful housing discrimination practices, including discriminatory advertising.

FAQ: Montana Rental Ad Discrimination

1. What phrases are not allowed in Montana rental ads?
   Landlords cannot use any wording that shows a preference, limitation, or discrimination based on protected characteristics such as race, religion, family status, disability, or age.
2. Can a landlord say "no children" or "adults only" in Montana?
   No. These phrases are illegal because they discriminate based on familial status, which is protected by state and federal law.
3. Is it okay for an ad to state "English speakers only"?
   No. This kind of language is considered discriminatory based on national origin and is not permitted.
4. What do I do if I see a discriminatory ad?
   Save a copy of the ad and file a complaint using the Montana Human Rights Bureau's Discrimination Complaint Form as soon as possible.
5. Where can I get help if I think I experienced rental ad discrimination?
   Contact the Montana Human Rights Commission for free assistance. See the resources section below for contact details.

Conclusion: Key Takeaways for Montana Renters

• Montana law makes it illegal for landlords to use discriminatory language in rental advertising.
• You are protected from discrimination based on race, religion, family status, age, and more.
• If you see or experience discrimination, use the official complaint process with the Montana Human Rights Commission to protect your rights.

Knowing what language is illegal in rental ads can safeguard your access to fair housing in Montana.

Need Help? Resources for Renters

• Montana Human Rights Commission (Residential Tenancies and Discrimination) – Handles complaints about rental discrimination and provides free assistance.
• Montana Human Rights Bureau Discrimination Complaint Form – Download this form to file a formal complaint.
• Montana Human Rights Act, 49-2-305 – Detailed information on discrimination laws in Montana.
• Federal Fair Housing Act Overview

---

1. Montana Human Rights Act (MCA 49-2-305). Discrimination in housing
2. Federal Fair Housing Act
3. Montana Human Rights Commission – State Tribunal for Tenancy and Discrimination
4. Montana Human Rights Bureau Discrimination Complaint Form

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations