The Fair Housing Act (FHA), enacted in 1968, is a federal law that prohibits discrimination in housing based on various protected characteristics. One such protected characteristic is familial status, which is crucial to understand in the context of the FHA. In this article, we will explore what familial status means in the Fair Housing Act and address related frequently asked questions to provide a comprehensive understanding of this important topic.
What is familial status in the Fair Housing Act?
**Familial status in the Fair Housing Act refers to the presence of one or more individuals who are under 18 years old living with a parent or legal custodian, pregnant women, or people in the process of obtaining legal custody of a child under 18. It protects families with children from discrimination when seeking housing.**
1. Can a landlord refuse to rent to families with children?
No, under the Fair Housing Act, it is illegal for a landlord to refuse to rent or otherwise discriminate against families with children based on their familial status.
2. Can landlords impose certain restrictions or requirements on families with children?
While landlords can apply legitimate occupancy limits based on factors like safety standards or the size of the unit, they cannot impose arbitrary restrictions or requirements specifically targeting families with children.
3. Are senior housing communities exempt from familial status protections?
Certain senior-specific housing communities may be exempt from familial status protections under the Fair Housing Act, provided they meet specific requirements and follow guidelines set forth by the Department of Housing and Urban Development (HUD).
4. Can a landlord charge an additional fee for families with children?
Charging an additional fee or deposit solely based on familial status is generally considered discriminatory and is prohibited under the FHA.
5. Are there any exceptions for housing intended for older persons?
Yes, housing designated specifically for older persons can have legitimate exemptions from familial status protections if they meet the requirements outlined in the Fair Housing Act.
6. Can schools use the Fair Housing Act to ensure equal access to education?
While the FHA does not directly apply to educational institutions, ensuring equal access to education is a separate matter governed by other laws such as the Equal Educational Opportunities Act.
7. Can a landlord refuse to rent to a pregnant woman?
No, under the FHA, landlords cannot refuse to rent to someone solely based on their pregnancy. Pregnancy discrimination is considered a form of sex discrimination, which is prohibited under the Act.
8. Can landlords restrict families with children to specific areas or floors within a building?
No, landlords cannot segregate families with children by confining them to specific areas or floors within a building. Such practices would be considered discriminatory.
9. Can apartment complexes have “adults only” policies?
In most cases, “adults only” policies in apartment complexes would be considered discriminatory based on familial status and would violate the Fair Housing Act.
10. Can a landlord evict a tenant for having children?
Evicting a tenant solely based on the presence of children is discriminatory and illegal under the Fair Housing Act.
11. Are there any exceptions for single-family home rentals?
Single-family home rentals owned by private individuals and rented without the use of a real estate agent or discriminatory advertising may be exempt from some provisions of the FHA, including familial status protections.
12. What should individuals do if they believe they have experienced familial status discrimination?
If individuals believe they have been subjected to familial status discrimination, they can file a complaint with the U.S. Department of Housing and Urban Development within one year of the alleged discriminatory act.