Familial Status as a Protected Class

Fair Housing for Families with Children

Federal and state laws forbid discrimination in housing transactions because of "familial status." Following are several commonly asked questions. You may also want to read HUD's piece entitled "Five Facts Every Parent Should Know About Their Housing Rights" at www.FHCO.org/pdfs/HUDFamiliesFactSheet.pdf.

Contents of This Page:

• What does the phrase "familial status" mean?
• What actions does the law prohibit?
• Does this mean that a landlord must rent to or cannot evict any household with children?
• Can a landlord make rules about how children should behave?
• Can a landlord decide which units are better for families with children?
• Can a landlord set limits on the number of occupants?
• Is there any type of housing exempt from these requirements?
• How can I learn more about my fair housing rights and responsibilities?

	return to top of page

What does the phrase "familial status" mean?

"Familial status" means having a child under age 18 in the household, whether living with a parent, a legal custodian, or their designee. It also covers a woman who is pregnant, and people in the process of adopting or gaining custody of a child/children.

	return to top of page

What actions does the law prohibit?

No one may deny housing, limit access to housing, discourage home seekers, or create different rules, fees, or standards because the family has or is expecting (a) child(ren). This includes rentals, purchases, lending, advertising, and any other transaction within the housing industry.

	return to top of page

Does this mean that a landlord must rent to or cannot evict any household with children?

No. A housing provider has the right to refuse rental applications or evict tenants based on objective criteria, such as a credit history or bad tenant history. A housing provider should set criteria and apply them equally to each household whether it has children or not.

	return to top of page

Can a landlord make rules about how children should behave?

Reasonable rules are appropriate, but not everyone agrees what is "reasonable." Here are some guidelines. In general, rules should apply to all tenants, and not just children. Rules that set limits may be reasonable if they are based on realistic not exaggerated health and safety concerns. Rules should address behavior, not status and should not be so restrictive that families with children do not get equal use and benefit of the housing.

	return to top of page

Can a landlord decide which units are better for families with children?

No. Designating specific units for families with children is called "steering" and is illegal. Landlords should give applicants objective information about what is available and let applicants decide what unit is suitable for their household.

	return to top of page

Can a landlord set limits on the number of occupants?

Overly restrictive occupancy standards can have a disproportionate affect on families with children and are, therefore, illegal. According to HUD, any occupancy standards in housing should not be more restrictive than two indviduals per bedroom, assuming average sized bedrooms.

	return to top of page

Is there any type of housing exempt from these requirements?

The only type of housing that can exclude households with children is qualified housing for seniors. Those who intend to operate senior housing should get adequate information about meeting the qualifications.

One excellent resource in this area is HUD's Q&A document Concerning the Final Rule Implementing the Housing for Older Persons Act of 1995 (HOPA) which can be found at www.FHCO.org/pdfs/HOPAQ&A.pdf.

	return to top of page

How can I learn more about my fair housing rights and responsibilities?

Visit our FAQs page.

Contact us at 800/424-3247 or information@FHCO.org

	return to top of page

	"Thank You" The FHCO would like to thank our partners and members for their support. Their grants and contributions have helped to make the resources on this site possible. Please join them in our efforts!

©2010. FHCO. All rights reserved.