The federal Fair Housing Act (“FHA”) prohibits discrimination in housing based on a person’s race, color, religion, national origin, sex, familial status, and disability. Familial Status Housing Discrimination
Under the FHA, familial status discrimination occurs when a landlord, property manager, real estate agent, or property owner treats someone differently because they have a family with one or more individuals who are under 18 years of age. A “family” also includes people who are pregnant and people who are in the process of securing legal custody of a person under 18 years of age, including a family that is in the process of adopting a child, or foster parents. All families with children are protected by the FHA against familial status discrimination, including single-parent households and same-sex couples with children.
Examples of Discriminatory Statements
“We don’t rent to families with children.”
“Each child must have their own bedroom.”
“This neighborhood has a lot of retirees. You might be happier in an area with more kids.”
“Families with kids must rent first floor units.”
“Families with kids may only rent in buildings near the playground.”
Most cities, towns, and villages have occupancy codes that regulate the number of people that can live in an apartment or house. These codes are often based on total square footage of the unit and particular rooms.
A landlord may limit the number of people allowed to live in a dwelling based on a reasonable occupancy code. However, if a landlord uses an occupancy standard that is stricter than what is allowed by the local occupancy code, then it may constitute discrimination under the FHA. For more information, contact the Fair Housing Project.
Rules that unreasonably restrict children or limit the ability of children to use their housing or the common facilities at the property may violate the FHA. In addition, enforcing certain rules only against families with children may also violate the FHA.
Examples of Discriminatory Rules
“Pool rules: children under 18 must be accompanied by a parent or legal guardian.”
“Persons under 18 years of age must be in their home or on their patio by sunset.”
Housing for older persons, such as housing for “55 and older” or “62 and older,” may have a limited exemption from the FHA’s prohibition against familial status discrimination. Certain HUD-administered housing may also restrict occupancy to older persons. Contact the Fair Housing Project for more information. Housing for older persons must still comply with the other provisions of the FHA.
What you should do if you believe you have experienced housing discrimination:
Need Assistance?
Contact the Fair Housing Project. The Fair Housing Project is available to provide information concerning a person’s rights under the federal Fair Housing Act. If you believe you are a victim of housing discrimination, contact us by clicking here or by phone at 1-855-797-3247.