As discussed in this space in past posts, our federal Fair Housing Act (FHA) contains a handful of exceptions, the most famous of which is the "Mrs. Murphy Exemption." This provision in the law provides that a home is exempt from the FHA if the dwelling has four or fewer rental units and the owner lives in one of those units. The exemption is based upon the hypothetical elderly widow, Mrs. Murphy, who would like to rent part of her home and who may desire to specifically pick out her tenants.
A frequent question we at the Fair Housing Defense blog hear is "I live in [insert name of your state here]. Does the Mrs. Murphy exemption apply?" The general answer is "Yes" -- because the Mrs. Murphy exemption applies on a federal level to every state in the country. However, the final answer is often more complicated because many states have their own fair housing laws that provide for more stringent protections than the "floor" set by the FHA. When enacting their own fair housing laws, each state has the option of providing for the base exemption included in the FHA, but also has the option of limiting or eliminating the exemption under their own fair housing act. Even though you may be in compliance with the FHA, it's entirely possible that some action that you take might be in violation of other state or local laws, regulations or ordinances.
As such, please see below a quick "50 State Survey" of the Mrs. Murphy exemption to provide general guidance as to whether your state follows the FHA exemption or has chosen to limit that exemption in some way. Remember, this survey does not constitute legal advice and you should always consult with a lawyer if you have any questions about this or any other fair housing issue.
Just A Thought.
State |
Statute |
Recognizes Exemption? |
Limitations |
Alabama |
Ala. Code 1975 § 24-8-7 |
Yes. |
Alabama's Fair Housing Law mirrors the federal exemption |
Alaska |
AK St § 18.80.240 |
No |
Alaska law provides no Mrs. Murphy exception. |
Arizona |
AZ ST § 41-1491.01 |
Yes |
Arizona's exemption mirrors the federal exemption. |
Arkansas |
A.C.A. § 16-123-306 |
Limited. |
Arkansas recognizes the exemption, however, the exemption will only apply to certain individual property owners who can satisfy additional qualifications outlined in the statute. |
California |
Cal. Gov. Code § 12927 |
Limited. |
California's Mrs. Murphy exemption only applies to the refusal to rent or lease a portion of an owner-occupied single family house to a person as a roomer or boarder living within the house provided that no more than one roomer or boarder is to live within the household. |
Colorado |
C.R.S.A. § 24-34-501, 502 |
Limited. |
Colorado exempts from its fair housing laws: (1) a room offered for rent in a single family dwelling maintained and occupied in part by the owner or lessee; and (2) with respect to discrimination based on familial status, Colorado offers a limited exemption. |
Connecticut |
C.G.S.A. § 46a-64c |
Limited. |
Connecticut's anti-discrimination laws do not apply (1) to rental of a room or rooms in an owner-occupied single family dwelling unit; or (2) a unit in a dwelling containing living quarters occupied or intended to be occupied by no more than two families living independently of one another if the owner lives in one of the units. |
Delaware |
6 Del.C. § 4607(e) |
Yes. |
Delaware's exemption mirrors the federal exemption. |
Florida |
F.S.A. § 760.29 (1)(a)2. |
Yes. |
Florida's exemption mirrors the federal exemption. |
Georgia |
Ga. Code. Ann. § 8-3-202 |
Yes. |
Georgia's exemption mirrors the federal exemption. |
Hawaii |
HRS § 515-4 |
Yes. |
Hawaii's exemption mirrors the federal exemption. |
Idaho |
I.C. § 67-5910 |
Limited. |
Idaho provides an exemption (1) for the rental of housing in a building with units for no more than two (2) families living independently of each other if the lessor or a member of his family resides in one of the units; OR (2) for the rental of rooms in a house if an individual or a member of his family resides therein. |
Illinois |
775 ILCS 5/3-106 |
Yes. |
Illinois' exemption mirrors the federal exemption. |
Indiana |
IC 22-9.5-3-1 |
Yes. |
Indiana's exemption mirrors the federal exemption |
Iowa |
I.C.A. § 215.12 |
Yes. |
Iowa's exemption mirrors the federal exemption. |
Kansas |
K.S.A. 44-1018 |
Yes. |
Kansas' exemption mirrors the federal exemption. |
Kentucky |
K.R.S. § 344.365 |
Limited. |
Kentucky provides an exemption (1) for the rental of housing in a building with units for no more than two (2) families living independently of each other if the lessor or a member of his family resides in one of the units; OR (2) for the rental of rooms in a house if an individual or a member of his family resides therein. |
Louisiana |
LSA-R.S. 51:2604 |
Yes. |
Louisiana's exemption mirrors the federal exemption. |
Maine |
5 MRSA § 4581(4) (effective September 1, 2012) |
Limited. |
Maine provides for an exemption that mirrors the federal exemption, as well as an exemption for the rental of a one-family unit of a two-family unit when the owner occupies one of the units. |
Massachusetts |
M.G.L.c. 151B |
Limited.. |
Massachusetts recognizes a limited exemption for owner-occupied buildings with two or fewer units and a slightly more expansive exemption on the basis of familial status where one unit is occupied by an elderly or infirm person for whom children would be a hardship. |
Michigan |
M.C.L.A. 37.1503 |
Limited. |
Michigan recognizes a limited exemption for buildings with two or fewer units where the owner or a member of the owner's immediate family occupies the other unit, or, in the case where a room in a single family unit is being rented, the owner or a member of the owner's family resides in the unit. |
Minnesota |
M.S.A. § 363A.21 |
Limited. |
Minnesota recognizes a limited exemption for buildings with two or fewer units where the owner occupies the other unit, or, in the case where a room in a single family unit is being rented, the owner resides in the unit. |
Mississippi |
N/A |
N/A |
Mississippi does not have a state fair housing law, therefore, the federal exemption applies. |
Missouri |
V.A.M.S. 213.040 |
Yes. |
Missouri's exemption mirrors the federal exemption. |
Montana |
MCA 49-2-305 |
Limited. |
Montana recognizes two exemptions: (1) the rental of sleeping rooms in a private residence designed for single-family occupancy in which the owner also resides, provided that the owner rents no more than three sleeping rooms within the residence; and (2) exemption for discrimination based on age or familial status in dwellings for no more than two families living independently of each other if the owner resides in one of the units. |
Nebraska |
Neb. Rev. St. § 20-322 |
Yes. |
Nebraska's exemption mirrors the federal exemption. |
Nevada |
10 NV ST 118.010, et seq. |
No. |
Nevada's housing discrimination act does not contain an exemption. |
New Hampshire |
N.H. Rev. Stat. § 354-A:13 |
Limited. |
New Hampshire provides for two exemptions: (1) the rental of a housing accommodation in a building which contains housing accommodations for no more than three families if the owner or a member of his family resides in one of the units; (2) rental of a room in a housing accommodation with no more than 5 such rooms if the owner or a member of the owner's family lives in the building. |
New Jersey |
N.J.S.A. 10:5-5 |
Limited. |
New Jersey provides exemptions: (1) to the rental of a single apartment or flat in a two-family dwelling, when the owner occupies the other unit; and (2) to the rental of a room or rooms in a one-family dwelling occupied by the owner or occupant at the time of the rental. |
New Mexico |
N.M.S.A. 1978, § 28-1-9 |
Yes. |
New Mexico's exemption mirrors the federal exemption. |
New York |
McKinney's Exec. Law § 296 |
Limited. |
New York's discrimination laws do not apply to (1) the rental of a housing accommodation in a building that contains housing accommodations for not more than two families if the owner lives in one of the units; (2) to the restriction of rental of all rooms in a housing accommodation to members of the same sex; (3) the rental of a room in a housing accommodation if the rental is by the owner or occupant of the housing accommodation, or (4) strictly with regards to age and familial status with regards to over 55 communities. |
North Carolina |
N.G.S.A. § 41A-6. |
Yes. |
North Carolina's exemption mirrors the federal exemption. |
North Dakota |
NDCC 14-02.5-09 |
Yes. |
North Dakota's exemption mirrors the federal exemption. |
Ohio |
R.C. § 4112.02 |
No. |
Ohio law does not provide for a Mrs. Murphy exemption |
Oklahoma |
20 Okl. St. Ann. § 1453(5)(2) |
Yes. |
Oklahoma's exemption mirrors the federal exemption. |
Oregon |
O.R.S. § 659A.421 |
Limited. |
Oregon's exemption permits a landlord to discriminate on the basis of sex, sexual orientation or familial status when renting a space within a single-family residence if the owner actually maintains and occupies the residence as his primary residence and all occupants share some common space within the residence. |
Pennsylvania |
43 P.S. § 954, 955 |
Limited. |
Pennsylvania's anti-discrimination laws do not apply to "personal residences," which includes a building or structure containing living quarters for two or fewer individuals / groups / families living independently of one another when the owner or lessee or their family members reside in that building or structure. |
Rhode Island |
Gen Laws. § 34-37-4, et seq. |
Yes, limited in some circumstances. |
Rhode Island's exemptions differ depending upon which protected class is being discriminated against. |
South Carolina |
S.C. Code 1976 § 31-21-70 |
Yes. |
South Carolina's exemption mirrors the federal exemption. |
South Dakota |
SDCL § 20-13-20 |
Limited. |
South Dakota's anti-discrimination laws do not apply to units in dwellings that contain living quarters for no more than two families living independently of each of other if the owner lives in the building. |
Tennessee |
T.C.A. § 4-21-602 |
Limited. |
Tennessee's anti-discrimination laws do not apply (1) to the rental of housing accommodations that contain housing accommodations for not more than two families if the owner or his family member lives in the building; or (2) the rental of a room in a single family housing accommodation if the owner or a member of the owner's family lives there. |
Texas |
V.T.C.A. Property Code § 301.041 |
Yes. |
The Texas exemption mirrors the federal exemption. |
Utah |
U.C.A. 1953 § 57-21-3 |
Yes. |
The Utah exemption mirrors the federal exemption. |
Vermont |
9 V.S.A. § 4504 |
Limited. |
Vermont's exemption applies if the dwelling unit is in a building with three or fewer units and the owner occupies one of the units. |
Virginia |
VA Code Ann. § 36-96.2 |
Yes. |
The Virginia exemption mirrors the federal exemption. |
Washington |
RCWA 49.60.222 |
Yes. |
Washington's exemption mirrors the federal exemption. |
West Virginia |
W. Va. Code § 5-11A-4 |
Yes. |
West Virginia's exemption mirrors the federal exemption. |
Wisconsin |
W.S.A. 106.50 |
No. |
Wisconsin does not recognize a Mrs. Murphy exemption. |
Wyoming |
N/A |
N/A |
Wyoming does not have a state fair housing act. Therefore, the Mrs. Murphy exemption applies. |
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.