Familial Status Discrimination – Part II: Tenancy

Author: Trina M. Clayton

It is important to understand that familial status discrimination may occur at any stage of property rental.  Our earlier blog described some of the pitfalls a landlord might run into during the pre-tenancy period.  Here, we will explore potential areas of concern during tenancy.

Examples of Familial Status Discrimination

  • Refusing to rent to families with children.
  • Charging a higher security deposit to families with children even if the family has a good rental history.
  • Increasing rent (called a “rent surcharge”) because a resident brings a child into the household.
  • Steering families with children to downstairs units, certain sections of a building, or to certain buildings or areas in a development (such as near the playground).
  • Restrictions on children’s outdoor recreation activities or use of common areas.  This could include an “adults only” pool policy or pool hours; curfew rules that target children, or general premises rules regarding adult supervision of children.
    • Examples of rules which violate the Fair Housing Act include, “children on the premises are to be supervised by a responsible adult at all times” and “persons under the age of 18 must abide by the set curfew of 10:00 P.M.”
  • No playing rules such as, “Under no circumstances may children play on stairwells, walkways, or carports. Under no circumstances may children[s’] toys or vehicles be used in the above areas or in pool area.”

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