Familial Status Discrimination

The Fair Housing Act prohibits discrimination in housing against families with children under 18 years, persons who are pregnant or in the process of obtaining legal custody, or persons with written permission of the parent or legal guardian.


Familial Status discrimination is unlawful under the Fair Housing Act.

Familial Status means:

  • families with children under the age of 18,

  • pregnant persons, and

  • any person in the process of securing legal custody of a minor child (including adoptive or foster parents).

  • persons with written permission of the parent or legal guardian

Examples of familial status discrimination include:

  • Refusing to rent to families with children

  • Evicting families once a child joins the family through, e.g., birth, adoption, 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 (e.g., pools, hallways, open spaces)

  • Advertising that prohibits children

According to the United States Department of Justice, in addition to prohibiting an outright denial of housing to families with children, the Fair Housing Act also prevents housing providers from imposing any special requirements or conditions on tenants with custody of children.

For example, landlords may not locate families with children in any single portion of a complex, place an unreasonable restriction on the total number of persons who may reside in a dwelling, or limit their access to recreational services provided to other tenants.

Complete the form below for free information and counseling services. We will also assist with filing a fair housing complaint or connecting you with a free attorney, if necessary.

Remember- if you don’t report housing discrimination it can’t be stopped. 

Report Discrimination