Fair Housing for Families with Children

Who is Protected?

Federal and state fair housing laws make it illegal to discriminate on the basis of familial status – the presence of children under the age of 18. This protection covers households in which one or more minor children live with:

A parent
A person who has legal custody (including guardianship) of a minor child or children
The designee of a parent or legal custodian, with written permission of the parent or legal custodian

Familial status protection also extends to pregnant people and any person securing legal custody of a minor child (including adoptive or foster parents).

Exemptions

Some senior housing facilities and communities are exempt from liability for familial status discrimination. If a facility or community is designated as “62 and older” (where all residents are at least 62 years of age) or “55 and older” (where at least 80% of the units have at least one occupant who is 55 years of age or older) it may be exempt and may be allowed to prohibit children under the age of 18.

In addition, some federally subsidized housing may be subject to additional requirements. Contact the Fair Housing Center for more details.

What is Prohibited?

These actions are illegal if they are based on familial status:

Refuse to rent, sell or negotiate for housing
Set different terms or conditions, or provide different services or access to facilities
Make housing unavailable or otherwise restrict choice
Discriminate in advertising by listing limitations or preferences
Refuse to provide information regarding homeowners’ insurance or mortgage loans
Refuse to make or purchase a loan
Refuse to provide homeowners or renters insurance
Impose different terms or conditions in a loan, such as different interest rates or fees
Threaten, coerce, intimidate, or interfere with anyone exercising their fair housing rights

Occupancy Codes

A landlord may limit the number of people allowed to live in a home based on an occupancy code. However, attempts to impose rules stricter than allowed by local and federal standards can be discriminatory.

Federal guidelines generally allow at least two persons per bedroom. Most cities and villages in the region have occupancy codes that regulate the number of people that can live in a house or apartment, often based on the total square footage in the unit or the bedrooms.

For more information, contact your local building department, or the call the Fair Housing Center.

Possible Signs of Discrimination

“We don’t want any children here.”
“Each child must have their own bedroom.”
“Your children cannot use the pool.”
“We put all the families with children on the first floor.”
“I’m going to raise your rent once that baby is born.”