Many landlords may be unaware of their legal obligations when renting to families with children, or that Familial Status is a protected class under federal fair housing laws. The Fair Housing Act (FHA) (42 U.S. Code §§ 3601-3619 and 3631) is a crucial piece of legislation that protects individuals and families from housing discrimination based on several protected characteristics, including “familial status.” Discriminating against renters simply because they have children, or treating families with children differently, is a violation of federal law.
This article breaks down who is protected under the FHA’s familial status discrimination ban and how it applies to your rental property, ensuring you’re in compliance and fostering fair housing practices.
Who Exactly Is Protected by Familial Status Under the FHA?
The Fair Housing Act’s protection against familial status discrimination is intentionally broad to cover various family structures. Here’s what landlords need to understand about who qualifies for this protection:
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Protection Extends Beyond Biological Parents: The FHA protects families with children even if those children are not living with their biological parents. This includes children living with stepparents, foster parents, grandparents, legal guardians, or any adult who has been legally designated as having custody. Furthermore, if a parent or legal guardian has appointed someone in writing to care for the child, that household is also protected under familial status laws. This inclusive definition recognizes the diverse ways families are formed and ensures broad protection against housing discrimination.
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Marital Status of Adults is Not a Factor: Whether the adult members of a family are married, single, divorced, widowed, or separated is completely irrelevant when it comes to familial status protection under the FHA. For example, a single mother with two children receives the same protection as a married couple with the same number of children. The law focuses on the presence of children under 18, not the marital status of their guardians.
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Age Limit for Children: For familial status protection to be in effect, at least one person in the household must be under 18 years old. The FHA is designed to protect families with minor children. Therefore, a couple renting an apartment with their 18-year-old son is not protected under familial status, even if the son is still in high school or dependent on his parents. Similarly, once a child in a renting household turns 18, the familial status protection based on that child no longer applies.
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Protection for Expectant Families: Crucially, familial status protection extends to families who are expecting children. Landlords cannot discriminate against pregnant women or couples who are in the process of adopting a child. Denying housing to someone because they are pregnant or planning to grow their family is a direct violation of the Fair Housing Act. This provision ensures that families are not penalized for planning to have children.
When Can Landlords Differentiate Based on Familial Status?
While the Fair Housing Act strictly prohibits discrimination based on familial status, there are limited exceptions where landlords can legally treat families with children differently:
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Senior Housing Exemptions: The FHA provides exemptions for housing specifically designed for seniors. These exemptions allow landlords to operate housing communities that are exclusively for older persons. To qualify for a senior housing exemption, landlords must adhere strictly to FHA guidelines, which typically require that all residents be 62 years of age or older, or that at least 80% of the units are occupied by at least one person who is 55 years of age or older and the housing facility adheres to policies and procedures demonstrating an intent to house persons who are 55 years of age or older. These exemptions are in place to allow for senior living communities that cater to the specific needs and preferences of older adults.
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Health and Safety Regulations: Landlords are permitted to implement rules and lease provisions that are designed to protect the health and safety of all residents, including children. However, these rules must be carefully crafted to avoid being discriminatory in effect. For example, a blanket ban on children using a swimming pool would likely be considered discriminatory. Conversely, a rule requiring adult supervision for children under a certain age while using the pool is generally acceptable as a health and safety measure. Any such rules must be reasonable, uniformly applied to all residents, and genuinely related to safety and not a pretext for discrimination.
Further Resources on Housing Discrimination
To deepen your understanding of housing discrimination and ensure your practices are compliant with fair housing laws, explore the Rental Applications and Tenant Screening section of Nolo.com. This section provides valuable articles on legally selecting tenants and avoiding fair housing complaints and lawsuits. For comprehensive guidance, consider Every Landlord’s Legal Guide by Janet Portman and Marcia Stewart (Nolo), which offers detailed advice on navigating housing discrimination and preventing fair housing lawsuits. Understanding and adhering to familial status regulations is not only a legal obligation but also a cornerstone of ethical and fair housing practices.
Further Reading:
- Does the Federal Fair Housing Act Apply to Your Rental Property?
- What Kind of Housing Discrimination Is Illegal?
- HUD Guidance Memo on Landlords’ Use of Arrest and Conviction Records
