FIC and the Fair Housing Act

At the Foundation for Intentional Community (FIC), we believe in the transformative power of community—especially for those who have been historically excluded from safety, belonging, and opportunity. While many communities are created as spaces of healing, solidarity, and cultural affirmation, when they center themselves around “protected” identities—such as race, gender, or sexuality—they may conflict with the federal Fair Housing Act.

This page is our attempt to share:

• History: What the Fair Housing Act is and why it matters,
• Requirements: What must we do to be legally compliant—even when we believe it falls short,
• Advocacy: How we are working creatively and strategically to support communities grounded in equity, liberation, and cultural safety.

History

Housing discrimination based on race, religion, and national origin was rampant in the U.S. for most of its history. Practices like redlining, racial covenants, and exclusionary zoning systematically segregated communities and denied minority groups equal access to housing.

The Fair Housing Act passed as Title VIII of the Civil Rights Act of 1968, was signed into law on April 11, 1968, just days after the assassination of Dr. Martin Luther King Jr. Initially, the law prohibited discrimination in the sale, rental, and financing of housing based on race, color, national origin or religion. A 1974 Amendment expanded protections to include sex (gender). The 1988 Fair Housing Amendments Act further expanded protections to include disability and familial status (e.g., presence of children under 18).

Since then, fair housing enforcement has evolved to address:

• LGBTQ+ discrimination (interpreted under “sex” in some cases) — Passed on January 20, 2021 (Biden administration policy change, following Bostock v. Clayton County).
• Disparate impact discrimination (practices that appear neutral but disproportionately affect protected groups, like a landlord requiring tenants to have full-time employment) — Obama-era rule reinstated on March 31, 2023, after being weakened in 2020.
• Affirmatively furthering fair housing (AFFH) — efforts to proactively promote integration.
  • Strengthened in 2015 (Obama)
  • Rolled back in 2020 (Trump)
  • Restoration proposed in January 2023 (Biden); final rule pending as of 2025.

While certain political forces seek to weaken or overturn the FHA, the FIC remains committed to defending the spirit of the law: equal opportunity, protection from discrimination, and the right to live in safety and dignity.

What the Law Requires

Under the federal Fair Housing Act and related civil rights laws in the United States, it is illegal to deny or restrict housing based on certain protected characteristics, including:

• Race or ethnicity
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial status
• Disability

These protections apply not only to landlords and property managers, but also to any group offering housing or membership to the public—including intentional communities listed on our platform.

Please note: Some states and local jurisdictions extend protections further, covering additional characteristics such as marital status, age, income source, or political affiliation. We encourage communities to be aware of both federal and local fair housing laws applicable in their region. We are required to honor all protected classes even if your state does not extend protection.

Why This Affects Our Listings

Even when the goal is to remediate systemic harm, if a publicly advertised housing opportunity excludes persons based on one or more protected classes, it violates Fair Housing law.

Therefore:

• We cannot list communities on our site that state they only accept members of a specific race, gender, sexual orientation, etc.
• We also cannot host listings that exclude others, even if the intent is healing, protection, or cultural empowerment.

Balancing Our Values With Legal Realities

The FIC’s work is rooted in the power of community to heal, transform, and protect. We know many intentional communities are born from a desire to create safe, liberatory, and affirming spaces—especially for people who have been historically harmed by systemic injustice. We affirm this vision.

We also recognize that the federal Fair Housing Act creates legal boundaries. These laws apply even when the intent is protection or reparation, such as Black-only or queer-only communities.

Yes, this is frustrating. Yes, this can feel like justice denied. And yet: this law still protects many from being excluded, evicted, or erased in the broader housing market.

Our goal is to navigate this tension with care, integrity, and courage.

Our Commitment to Diversity and Healing

FIC’s Diversity Statement states:

“We value the diversity of viewpoints within the intentional communities movement and support the healing of our unconscious and/or unintentional negative impacts on people and the planet; we do not support communities that cause or promote harm to others.”

This means we are committed to fostering inclusive, justice-oriented communities—and also to not perpetuate harm by how we support and represent them. This includes respecting the legal frameworks that protect people’s civil rights, even when those frameworks fall short of the transformational change we know is needed.

We believe the Fair Housing Act should support – and not block – communities created for safety, solidarity, and cultural survival.

We advocate amending and/or reinterpreting the law in ways that recognize the difference between:

• Solidarity communities that uplift vulnerable populations, and
• Exclusionary communities that hoard power or reinforce systemic privilege.

FIC supports:

• Black-led co-ops
• Queer inclusive intentional communities
• Women-centered collectives
• Culturally specific healing spaces

…as long as they are voluntary, member-governed, and designed to provide safety, affirmation, and cultural survival for vulnerable groups in a society that has often denied these basic needs. These communities are acts of resilience, resistance, and self-determination in the face of systemic oppression.

The FIC does NOT support communities organized around preserving dominance, excluding marginalized people, or reinforcing systemic inequities. For example, white people, as a group, have historically held structural power in housing, land, and governance. Therefore, whites-only communities are contrary to FIC’s mission of equity and belonging and will not be listed in our directory.

What Can Communities Do Instead?

Here are some options for solidarity communities to stay aligned with both their own values and the FIC’s legal and ethical obligations,

• Frame your mission and values clearly without using exclusionary language. Ex: “We are a community rooted in the experiences of queer and trans people of color, centering healing from racialized and gender-based trauma.”
• Create strong cultural practices, covenants, or norms that naturally attract those aligned with your vision.
• Form private membership associations or non-residential networks that allow for affinity-based organizing without public housing offers.
• Use community agreements and peer-led processes to shape the lived experience of the community—without legally excluding applicants.

Holding Both Realities

We know it can be painful to feel that the law doesn’t yet make room for the kind of justice and healing many communities need and strive for. We also know that intentional communities have long been places where new systems are dreamed, tested, and lived—and that we can still live our values within the constraints of the current legal landscape.

FIC’s ongoing commitment is to…

• Support BIPOC, queer, disabled, and other marginalized voices in community spaces
• Provide education, tools, and visibility for equity-centered living
• Advocate for a world where fair housing and cultural safety are not in conflict

Connect With Us

We welcome your feedback, your questions, and your creativity. We know this issue touches on deep longing, hard truths, and courageous visioning—and we’re here to walk with you through it.

Contact FIC
Diversity, Equity, Inclusion and Justice Statement

With care, complexity, and hope,
The FIC Team
Foundation for Intentional Community