Familial Status Discrimination – Part I: Pre-Tenancy

Author: Trina M. Clayton

Federal and California fair housing laws, most notably the Fair Housing Act (42 U.S.C. 3601, et seq.) and the Fair Employment and Housing Act (Cal. Gov. Code §§ 12900, et seq.), prohibit discrimination in housing rental or conditions based on specific protected classes, such as race, sex, religion, disability, and (the subject of this blog post) familial status.

Familial status refers to any household with children under the age of 18.  It applies whether the minor is a biological child, adopted, a foster child, or legally under the custody or guardianship of an adult tenant.  It applies to both traditional and non-traditional families.  It also applies to pregnant women, as well as families that are in the process of securing legal custody of children through adoption, foster care, or divorce.  It is illegal to discriminate against a prospective or current tenant because there is a child, or will be a child, in the home.

It is important to understand that familial status discrimination may occur at any stage of property rental.  This blog will explore some of the pitfalls a landlord might run into, during the pre-tenancy period.Read More >

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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Familial Status Discrimination – Part III: Potential Liability for Landlords

Author: Trina M. Clayton

There has been a marked increase in familial status suits over the past several years, with many more that settle under confidential agreements for monetary damages, making the potential for these claims quite serious.  A landlord found to be in violation of familial status housing laws could incur any number of penalties including:

  • Civil penalties of up to $16,000 for a first violation and $65,000 for future violations;
  • Actual damages to reimburse a tenant or prospective tenant for costs incurred because of the alleged discrimination such as paying for the tenant’s out-of-pocket expenses for finding alternative housing or rent fees associated with alternative housing;
  • Damages to compensate a tenant or prospective tenant who has suffered humiliation, mental anguish or other psychological injuries as a result of the alleged discrimination;
  • Punitive Damages; and
  • Attorney fees

A landlord may also be ordered by the court to take specific action to reverse the alleged discrimination (such as renting to a family which the landlord had initially rejected), and participate in fair housing training.

It is imperative a landlord abide by federal, state and local laws regarding Fair Housing.  For specific legal advice on familial status or other types of housing discrimination, please contact Ad Astra for guidance.