Familial Status Protections in Housing
Familial status is a protected class under the Fair Housing Act (FHA), which prohibits discrimination in housing based on several factors, including race, color, religion, sex, national origin, and disability. Familial status refers to households containing one or more persons under the age of 18, including:
- Minor children
- Pregnant women
- People in the process of adopting a child
- Foster parents
What does familial status discrimination look like?
Here are some examples of familial status discrimination:
- A landlord refuses to rent an apartment to a family with children because they have a “no children” policy.
- A real estate agent refuses to show a house to a pregnant woman because they believe that the woman would not be able to afford the house.
- A homeowner refuses to allow a tenant to install grab bars in their bathroom because they believe that the grab bars would make the house look less attractive.
What are my rights as a person with familial status?
As a person with familial status, you have the right to be free from discrimination in the sale, rental, and financing of housing. You also have the right to request reasonable accommodations from your landlord or housing provider.
How can I file a complaint of familial status discrimination?
If you believe that you have been discriminated against based on your familial status, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or your state or local fair housing agency.
What are the penalties for violating the Fair Housing Act?
Individuals who violate the Fair Housing Act may be subject to a variety of penalties, including:
- Monetary damages
- Injunctive relief
- Punitive damages
- Attorneys’ fees
Here are some resources for more information about familial status and the Fair Housing Act:
- The U.S. Department of Housing and Urban Development (HUD): https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview
- The National Fair Housing Alliance: https://nationalfairhousing.org/
- The Fair Housing Advocates Initiative: https://nationalfairhousing.org/stores/fair-housing-advocates-association/
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.