Proving Discriminatory Rental Screening in Montana

If you're a renter in Montana and suspect that a landlord denied your rental application due to unfair or discriminatory practices, you have protections under federal and state law. Understanding how to recognize, document, and prove discrimination can help you protect your rights and pursue fair housing.

Understanding Discriminatory Screening in Montana

Discriminatory screening occurs when a landlord treats a rental applicant differently based on protected characteristics, rather than standard tenant criteria like credit history or income. In Montana, both the federal Fair Housing Act and the state’s Montana Human Rights Act prohibit discrimination in housing based on:

• Race or color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial status (e.g., having children)
• Disability
• Age, marital status, or creed under Montana state law

Landlords must apply screening criteria equally to all applicants. It's illegal for them to refuse to rent or impose stricter terms based on a protected class.

Signs of Discriminatory Screening

Recognizing possible discrimination is the first step. Common signs include:

• Different requirements or fees for applicants of certain backgrounds
• Stating a unit is unavailable, but showing to others
• Comments or questions about your protected status (e.g., "Do your children make much noise?")
• Refusing reasonable accommodations for a disability

If you notice such behaviors, start collecting evidence right away.

How to Gather and Document Evidence

Having detailed records strengthens your case. Here’s how renters can document unfair screening:

• Save all written communications (emails, texts, applications)
• Write down details of conversations, including date, time, and what was said
• Ask for reasons in writing if you’re denied housing
• If possible, compare your experience with others who applied

Montana does not require landlords to provide a written adverse action notice, but you can still request one in writing.

How to File a Discrimination Complaint in Montana

If you suspect discrimination, you can file a complaint with the Montana Human Rights Bureau (HRB), the official state tribunal for housing discrimination.

Relevant Official Form:

• Montana Housing Discrimination Complaint Form
• This form is used to start an investigation if you believe you were discriminated against when applying for or renting a home in Montana.
• Example: If a landlord rejected your application after asking about your religion, complete the form and submit it to HRB.
• Download the Montana Discrimination Complaint Form (PDF)

Filing Steps

To file a complaint:

• Complete the Montana Discrimination Complaint Form
• Submit the form to the HRB within 180 days of the alleged discrimination
• Include your documentation and any supporting evidence
• The HRB will contact you to discuss the next steps

Tip: If unsure, call the Montana Human Rights Bureau at (406) 444-2884 or your local fair housing organization for guidance before submitting a complaint.

The Investigation and Next Steps

After you file, the HRB will review your complaint, investigate, and may attempt to mediate. If the investigation finds evidence of discrimination, they may order remedies such as compensation or require the landlord to change their practices.

All Montana housing discrimination complaints are handled by the Human Rights Bureau under the Department of Labor & Industry.

FAQ: Montana Rental Discrimination Screening

1. What is considered discrimination when applying for a rental in Montana?
   Discrimination means treating you differently because of protected characteristics like race, religion, national origin, sex, disability, age, marital status, or having children. This includes unfair denial, different rental terms, or not making reasonable accommodations.
2. How quickly do I need to file a complaint?
   You must file your housing discrimination complaint within 180 days of the incident with the Montana Human Rights Bureau.
3. Can a landlord ask about my disability or family status?
   No. Landlords cannot ask direct questions about disabilities or family status, except to discuss reasonable accommodations if you request them.
4. Is there a fee to file a housing discrimination complaint in Montana?
   No, there is no fee to file a discrimination complaint with the Montana Human Rights Bureau.
5. What happens after I file a complaint?
   The Human Rights Bureau reviews your complaint, may investigate, and can mediate or take further legal action if discrimination occurred.

Key Takeaways for Renters

• Keep thorough records of all rental application interactions and decisions.
• Use the official Montana Discrimination Complaint Form if you suspect unfair treatment.
• Act promptly—Montana has a 180-day deadline for submitting complaints.

Need Help? Resources for Renters

• Montana Human Rights Bureau – File complaints and find information (Call: 406-444-2884)
• U.S. Department of Housing and Urban Development (HUD) - File a Federal Fair Housing Complaint
• Montana Department of Labor & Industry: Equal Rights Division
• Review the Montana Human Rights Act: Housing Discrimination Laws

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1. Montana Human Rights Act (Montana Code Annotated §49–2)
2. Montana Human Rights Bureau (official housing discrimination tribunal)
3. Fair Housing Act (Federal Law)
4. Montana Housing Discrimination Complaint Form (PDF)

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