Having kids comes with its own set of unique challenges, and one thing most people can agree on is that parenting is no easy job. However, there is a challenge that many families with children do not expect to face — housing discrimination. Although the Fair Housing Act makes it illegal for housing providers to discriminate on the basis of familial status, or the presence of children in the home, that doesn’t mean it isn’t still happening.
Last year, the Fair Housing Center for Rights & Research received 28 reports of housing discrimination on the basis of familial status. Additionally, national trends show that familial status was the third most frequent basis for discrimination in 2020, with 2,276 complaints or 7.93 percent of all complaints of housing discrimination. And those are just the numbers of families who reported discrimination. The actual numbers are likely higher, as many cases of discrimination go unreported.
WHO IS PROTECTED?
“Family” doesn’t look just one way, and there is so much diversity between any two families you might know. Because of this, the definition of “families with children” under fair housing law is inclusive of both biological and unrelated parents and guardians, pregnant people, and those in the process of getting custody of their kids. Under fair housing law, the term “children” refers to household members under the age of 18. It may also be worth noting that the marital status of the adult tenant(s) is irrelevant. It makes no difference whether the adult members of the family are married, divorced, single, widowed, or separated. If they have kids in the home, they are protected. To sum it up, the Fair Housing Act protects the following people from discrimination, based on familial status:
- A parent of a minor child
- 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
- A person who is pregnant
- Any person securing legal custody of a minor child (including adoptive or foster parents)
While the vast majority of families are protected from housing denials because they have children, the Fair Housing Act does allow one exception, in which housing providers managing senior living communities could legally turn away a family with children. 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 at least 55 years old, it may be exempt and may be allowed to prohibit children under the age of 18.
KNOW THE RED FLAGS
Many families are not aware of their fair housing rights and, therefore, may not even know that they have experienced discrimination. It’s important to know what discrimination looks like — and what red flags to watch out for — in order to protect yourself and your family. The following scenarios are examples of illegal discrimination against families with children:
- Refusing to rent to families with children
- Evicting families once a child joins the family (through birth, adoption, fostering, or gaining custody)
- Requiring families with children to live on specific floors or in specific buildings or areas
- Imposing overly restrictive rules about children’s use of the common areas (like pools, hallways, or other open spaces)
- Advertising that prohibits children
Sometimes discrimination is explicit and easy to identify, while other times, it is subtle and easy to miss. The following statements violate the Fair Housing Act, if said by your housing provider or anyone who works for them:
- “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 in first floor units.”
- “I’m raising your rent once that baby is born.”
- “I need to know how many children you have before I can let you live here.”
GETTING HELP AND EXERCISING YOUR RIGHTS
Housing discrimination can feel scary and overwhelming, but it doesn’t have to be. The law is on your side, and, no matter where you live, advocates are available to help you navigate your situation. If you have experienced housing discrimination because you have kids, remember that you are entitled to your fair housing rights. Get in touch with your local fair housing agency to learn what your options are and get help. To learn more about the fair housing rights of families with children, download The Fair Housing Center’s new brochure, or visit www.thehousingcenter.org/families.