Familial Status
A protected class under the Fair Housing Act defined as a household that includes at least one person under age 18 (or a pregnant person, or one seeking legal custody of a minor). Housing providers may not use familial status as a basis for refusal or discriminatory terms. See 42 U.S.C. § 3602(k).
Also known as: families with children protection, FHA familial status
Definition
Familial status is a protected class under the Fair Housing Act (FHA) that protects households that include children under the age of 18, as defined in 42 U.S.C. § 3602(k).
Statutory Definition
42 U.S.C. § 3602(k) defines "familial status" as: one or more individuals (who have not attained the age of 18 years) being domiciled with:
- A parent or another person having legal custody of such individual(s)
- A designee of such parent or other person having legal custody, with the written permission of such parent or other person
The protections also apply to any person who is pregnant or is in the process of securing legal custody of a minor.
Prohibited Conduct
Under 42 U.S.C. § 3604(b), it is unlawful to discriminate in the terms, conditions, or privileges of a rental, or in the provision of services or facilities, because of familial status. Examples of prohibited conduct include:
- Refusing to rent to families with children
- Charging higher rent or deposits for families with children
- Restricting children to certain units or floors
- Imposing unreasonably restrictive occupancy standards to exclude families
Occupancy Standards
HUD's 1998 Keating Memorandum provides guidance on occupancy standards, indicating that a standard of two persons per bedroom is generally reasonable but that stricter standards may constitute familial status discrimination depending on the size and configuration of units and other factors.
Sources
- 42 U.S.C. § 3602(k), Cornell LII —
cornell-lii - 24 CFR § 100.20, eCFR —
ecfr - HUD.gov: Familial Status —
hud-gov
Frequently asked questions
What are the core elements of Familial Status?
U.S.C. § 3602(k) defines "familial status" as: one or more individuals (who have not attained the age of 18 years) being domiciled with: A parent or another person having legal custody of such individual(s) A designee of such parent or other person having legal custody, with the written permission of such parent or other person The protections also apply to any person who is pregnant or is in the process of securing legal custody of a minor.
Prohibited Conduct
Under 42 U.S.C. § 3604(b), it is unlawful to discriminate in the terms, conditions, or privileges of a rental, or in the provision of services or facilities, because of familial status. Examples of prohibited conduct include: Refusing to rent to families with children Charging higher rent or deposits for families with children Restricting children to certain units or floors Imposing unreasonably restrictive occupancy standards to exclude families
Occupancy Standards
HUD's 1998 Keating Memorandum provides guidance on occupancy standards, indicating that a standard of two persons per bedroom is generally reasonable but that stricter standards may constitute familial status discrimination depending on the size and configuration of units and other factors.
Sources
U.S.C. § 3602(k), Cornell LII — cornell-lii CFR § 100.20, eCFR — ecfr HUD.gov: Familial Status — hud-gov