Right to Housing

Montana laws and federal fair housing laws cover most housing. The law exempts owner-occupied sleeping rooms in a private residence provided the owner rents no more than 3 rooms within the residence.

The provision in the law against discrimination because of age and familial status do not extend to owner-occupied duplexes and housing for older persons.

In Advertising - Montana laws and federal fair housing laws prohibit anyone from printing, or publishing any advertisement or statement that indicates a limitation or preference in the area of housing based on race, color, national origin, religion, creed, age, sex, marital status, familial status or disability.

Retaliation - It is illegal for anyone to retaliate against an individual who has filed a housing complaint, or participated in an investigation of a housing complaint.

In the Sale and Rental of Housing - Housing providers may not take any of the following actions based on race, color, national origin, religion, creed, age, sex, marital status, familial status or disability:

• refuse to rent or sell housing;
• set different terms, conditions or privileges for sale or rental of a housing accommodation; 
• ask a person's race, color, national origin, religion, creed, age, sex, marital status, familial status or disability; 
• represent that housing is not available for inspection, sale or rental;
• provide different housing services or facilities; 
• for profit, persuade owners to sell or rent; 
• for profit, deny buyers or renters entry into a neighborhood; 
• print or publish notices, statements or advertisements indicating a preference; 
• deny reasonable accommodations, at their expense, to persons with disabilities, in sales, rental and terms and conditions; 
• it is also unlawful for anyone to aid, abet, incite, compel or coerce the doing of an act forbidden under the Montana housing law.

In Mortgage Lending - Lenders may not take any of the following actions based on race, color, national origin, religion, creed, age, sex, marital status, familial status or disability:

• refuse to make a mortgage loan;
• fail to provide information regarding loans; 
• impose different terms or conditions on a loan, such as different interest rates, points, or fees; 
• discriminate in appraising property; 
• refuse to purchase a loan; 
• set different terms or conditions for purchasing a loan.

• Include a policy statement of non-discriminatory treatment in all rental agreements, listing agreements and buy-sell agreements;
• Develop a non-discrimination policy that provides a grievance procedure and clearly states if discrimination is found, appropriate corrective action will be taken;
• Provide fair housing policies to potential renters, buyers and sellers; 
• Display a fair housing poster; 
• Include an equal housing opportunity logotype or slogan in all advertising and exterior signs; 
• Attend a fair housing training sponsored by a fair housing group or the Human Rights Bureau.

• Report incidents of discrimination to the salesperson or manager;
• If complaints are not resolved, report the discrimination to the broker or owner; 
• Contact the Human Rights Bureau

Effective October 1, 1997, housing for older persons is exempt from familial status and age provisions in Montana fair housing law if the units:

1. are occupied solely by persons who are 62 or older; or
2. house at least one person who is 55 or older in 80% of the occupied units and owners publish and adhere to written policies and procedures that demonstrate the housing is intended and operated for persons 55 or older.

1. have a physical or mental impairment that substantially limits one or more major life activities;
2. have a record of such impairment; or 
3. be regarded as having such an impairment.

Responsibilities of Housing Providers

• Make reasonable modifications to housing units, at the expense of the renter, to enable the renter with a disability to use the housing. (Where reasonable, the housing provider may permit changes only if the property can be restored to its original condition when the renter moves);
• Make reasonable accommodations in rules, policies or services to allow persons with disabilities equal opportunity to use and enjoy the housing unit and property.

Responsibilities of Renters and Buyers

• Make requests for accommodations to owners and managers and verify their needs.

Covered multi-family housing having four or more units, if the building has an elevator, and ground floor units in a building having four or more dwelling units must have:

• An accessible building entrance on an accessible route;
• Accessible and usable public and common use areas; 
• Doors and hallways wide enough for wheelchairs; 
• Accessible route into and through the units; 
• Light switches, electrical outlets, thermostats and other environmental controls in accessible locations; 
• Reinforced walls for grab bars, and; 
• Space in kitchens and bathrooms in which a person in a wheelchair can maneuver.