Who is Protected Under Montana Fair Housing Laws?

Every renter deserves fair treatment, and understanding Montana's fair housing protections is the first step. Montana law, along with federal rules, names specific protected classes to shield renters from discrimination in all phases of housing—leases, renewals, and beyond. Knowing these rights helps you recognize and take action if you face unfair treatment from a landlord.

Protected Classes in Montana: What Renters Need to Know

If you rent a home anywhere in Montana, both state and federal laws offer strong protections from discrimination. Landlords, property managers, and real estate agents cannot treat you unfairly—including refusing to rent, raising rent, or offering different lease terms—if you belong to a protected class.

Montana's Protected Classes

• Race
• Color
• National origin
• Religion
• Sex
• Familial status (including children under 18 or pregnancy)
• Disability
• Age
• Marital status
• Creed

This is broader than basic federal law. For example, Montana specifically includes age, marital status, and creed (belief system), which are not always covered by federal statutes.^[1] For official details, see the Montana Human Rights Act (Title 49, Chapter 2).

Examples of Prohibited Discrimination

• Denying an application or evicting you based on any protected class
• Advertising preferences for certain types of tenants
• Charging different rent or deposit amounts because of your protected status
• Refusing reasonable accommodations for a disability (such as service animal or ramp)

How Do I File a Housing Discrimination Complaint in Montana?

Montana renters who suspect discrimination can file a formal complaint with the Montana Human Rights Bureau, the state agency responsible for investigating fair housing issues. This is the official tribunal handling residential tenancy discrimination cases.

Official Forms: What to Use and When

• Montana Human Rights Complaint Form (No form number)
  Use this form to start a complaint about housing discrimination based on a protected class. For instance, if a landlord refuses to rent to you because you have children, complete and submit this form to the Human Rights Bureau within 180 days of the incident.
  Download Official Human Rights Complaint Form

Completed forms can be submitted by email, mail, or fax to the Human Rights Bureau. Full instructions appear on the form itself.

Relevant Montana Tenancy Legislation

Montana anti-discrimination protections in rental housing come from:

• Montana Human Rights Act
• Montana Residential Landlord and Tenant Act of 1977

These statutes protect renters in every Montana city or county.

Your Rights and Steps to Take

Renters should always:

• Know their rights under Montana and federal fair housing laws
• Document any suspected incidents of discrimination
• Submit the proper complaint form quickly (within 180 days of discrimination)

If you file a complaint, the Human Rights Bureau will investigate. They may invite both you and the landlord to mediation or may formally determine if discrimination occurred.

Key takeaway: Act quickly if you believe your fair housing rights were violated. Montana law gives you only 180 days to file a complaint from the date of the last incident.

Frequently Asked Questions

1. What should I do if my landlord refuses to rent to me because of my age or family status?
   You are protected from housing discrimination due to age, family status, or having children. Collect any evidence and file a complaint with the Montana Human Rights Bureau as soon as possible.
2. Does Montana law protect LGBTQ+ renters?
   While "sex" is a protected class in Montana, which can cover sexual orientation and gender identity, the primary remedy is through federal law and recent U.S. Supreme Court interpretation. If you believe you experienced discrimination for this reason, you may still file a complaint.
3. How long do I have to file a housing discrimination complaint?
   You have 180 days from the last act of discrimination to file a complaint with the Montana Human Rights Bureau.
4. Can a landlord charge higher rent because of my religion or disability?
   No. It's illegal for a landlord to adjust rent or deposit terms because of your religion, disability, or any other protected characteristic.
5. Where can I get more information or help completing the complaint form?
   Contact the Montana Human Rights Bureau directly. They provide assistance and can answer questions about the complaint process.

Key Takeaways for Montana Renters

• Montana law protects against discrimination in rental housing based on race, sex, family status, disability, age, and more.
• Use the official Complaint Form to report suspected discrimination—act within 180 days.
• Contact the Montana Human Rights Bureau for help with forms, rights, and the investigation process.

Knowing your rights—and using official complaint channels—helps protect your access to safe, fair housing across Montana.

Need Help? Resources for Renters

• Montana Human Rights Bureau — Report discrimination, ask questions, or check complaint status
• Montana Department of Commerce — Tenant Rights
• Montana Residential Landlord and Tenant Act of 1977 (Full Text)
• For renters with disabilities: U.S. Department of Housing and Urban Development Fair Housing

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1. See Montana Human Rights Act, MCA 49-2-305
2. Montana Human Rights Bureau: Official Site
3. Landlord-tenant statute: Residential Landlord and Tenant Act of 1977

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