Housing discrimination occurs against families when a landlord refuses to rent property to persons because they have children. This type of housing discrimination is prohibited by the federal government under the Fair Housing Act. Many states and cities also prohibit landlords from discriminating against families with children. This does not apply, however, to housing that is designed for the elderly and meets other requirements.
Under the Fair Housing Act, discrimination against families includes discrimination against the following:
- Pregnant women
- Families with children
- Persons who are legal guardians for children
- Persons in the process of getting legal custody of children
Although it can be overt, discrimination against families is usually subtle, and can take many forms, including:
- An adults only provision in the lease
- Limiting the number of people that can stay in an apartment
- Restricting the type or location of property that families with children can rent
- Refusing to rent for safety reasons associated with children
- Asking about pregnancy, who takes care of the children, or the ages of those who will be living in the property
- Charging more in rent for children
If you believe a landlord has discriminated against you because your family has children, an experienced real estate attorney can advise you about your rights and how to seek a legal remedy. On the other hand, if you are a landlord, a real property attorney can help you draft rules and policies that comply with the law.