Is Source of Income Discrimination Illegal for Montana Renters?

Discrimination & Fair Housing Laws Montana published: June 21, 2025 Flag of Montana

Looking for a rental in Montana and worried landlords might turn you away because of how you pay rent—such as housing vouchers, Social Security, or child support? Understanding your rights regarding source of income discrimination is crucial. This guide explains whether Montana law protects renters from discrimination based on how they pay their rent, what legal resources are available, and what steps you can take if you believe your rights are being violated.

What Is Source of Income Discrimination?

Source of income discrimination happens when a landlord refuses to rent to you, increases your rent, or treats you unfairly simply because of how you plan to pay your rent. This includes using Housing Choice Vouchers (Section 8), Social Security, veteran benefits, child support, or other lawful sources of income.

Does Montana Ban Source of Income Discrimination?

As of 2024, Montana state law does not specifically prohibit source of income discrimination for renters. This means landlords in Montana can legally deny applicants based on their lawful income source, such as housing vouchers or public assistance.[1] This differs from several other states and cities in the U.S. that do offer more protections.

However, federal Fair Housing Act protections still apply for discrimination based on race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, or disability—but not for source of income on its own.[2]

Are There Any Local Protections in Montana?

Currently, there are no city or county laws in Montana offering extra protections regarding source of income discrimination. It's always a good idea to double-check with your local housing authority or Human Rights Bureau for any updates.

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Where Can You File Fair Housing Complaints in Montana?

If you believe you’ve been discriminated against due to one of the protected categories under federal or state law (not source of income), you can file a complaint with the Montana Human Rights Bureau or the U.S. Department of Housing and Urban Development (HUD).

Relevant Official Forms and How to Use Them

  • Montana Human Rights Bureau Discrimination Complaint Form
    Download the form here.
    When and how to use: If you believe you’ve experienced illegal discrimination based on race, color, religion, national origin, age, disability, marital status, or sex, you can file this form with the Human Rights Bureau. For example, if a landlord refused your application due to your disability, fill out this form and submit it according to the instructions on page 1.
  • HUD Housing Discrimination Complaint Form (Form 903)
    Get HUD Form 903 here.
    When and how to use: Use this for complaints about discrimination based on protected federal categories (not source of income by itself). For example, if a landlord treats you differently because you have children, fill out and mail or upload this form to HUD.
If you’re unsure whether your situation qualifies as discrimination, consider contacting an official agency or legal aid office for guidance. Even if source of income isn’t protected, you have important rights under Montana and federal law.

Who Handles Tenant and Landlord Disputes in Montana?

In Montana, the Montana Human Rights Bureau oversees complaints related to discrimination, while general landlord-tenant matters (like evictions or repairs) are typically handled by local county justice courts. Learn more about your rights from the Montana Legal Services Association's landlord-tenant guide.

Relevant Tenancy Laws in Montana

FAQ: Source of Income Discrimination for Montana Renters

  1. Is it legal for a landlord in Montana to deny me for using Section 8 or a housing voucher?
    Yes. In Montana, there are no state or local laws that prevent landlords from refusing to rent to someone because they pay with a voucher or public assistance.
  2. What types of discrimination are illegal for renters in Montana?
    Landlords cannot discriminate against renters based on race, color, religion, national origin, age, parental status, marital status, disability, or sex under state or federal law.
  3. What should I do if I believe I faced discrimination?
    If the discrimination falls under a protected class, file a complaint with the Montana Human Rights Bureau or HUD using the official forms provided.
  4. Can a landlord ask about my income before deciding to rent to me?
    Yes, landlords can ask about your income or how you plan to pay rent as part of the screening process, as long as they apply the same standards to all applicants.
  5. Where can I get help understanding my rights as a Montana renter?
    Contact the Montana Human Rights Bureau, Montana Legal Services Association, or consult their official online resources for guidance.

Conclusion: Key Takeaways for Montana Renters

  • Montana does not ban source of income discrimination for renters as of 2024.
  • Federal and state fair housing protections still apply, but not for income source alone.
  • If you face other forms of discrimination, use official forms to file complaints with the Montana Human Rights Bureau or HUD.

While source of income bias isn’t prohibited in Montana, knowing the laws that do protect you—and how to use them if your rights are violated—is essential for every renter.

Need Help? Resources for Renters in Montana

  1. See Montana Residential Landlord and Tenant Act of 1977
  2. Summary of federal Fair Housing Act protections

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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