Discrimination Against Families with Children Is Illegal. Know Your Rights!
By Nick Adjami
May 10, 2022
In 2020, Tara* and her children were living in a basement apartment that was prone to flooding, water damage, and mold. Thankfully, a housing voucher offered her family the chance to move. In her search for safer housing, Tara came across an ad for what seemed like the perfect property in Northwest DC: it promised ample space for her and her family and tons of amenities within walking distance. But she never got to see it.
When Tara emailed the landlord to request a tour, he asked whether she had any children. She told him about her three teenagers, and that’s when things changed: “I have been told that teenagers can damage properties,” the landlord responded. “One agent told me that he had 30k worth of damages… and the biggest trouble comes if you are no longer in the [housing voucher] program and refuse to vacate.”
Vivian* had a similar experience to Tara. After a grueling housing search, Vivian was thrilled to find a unit in Northwest DC for herself and her two young daughters. But soon after touring, the leasing agent discouraged her from applying, citing the size of her family. The property was listed as a two-bedroom, but the agent stated that it was actually a one-bedroom with an office and would be too small for a family of three. Soon after that conversation, the unit was rented to a different applicant.
Under the Fair Housing Act, it is illegal to discriminate in housing on the basis of seven protected classes, including race, color, national origin, religion, sex, disability, and familial status. Familial status refers to the presence of children under the age of 18 in a household. This means that it is illegal nationwide to discriminate in housing against families with children.
Unfortunately, familial status discrimination still occurs frequently. 2,261 cases of familial status discrimination were reported in 2021, the most recent year for which data is available. Only complaints based on disability, race, or sex were more frequent. Familial status discrimination can have severe consequences. As rents rise and cities like Washington, DC, prioritize the construction of smaller units in luxury developments, it is becoming more difficult for families with children to find housing. Familial status discrimination adds another unfair hurdle for renters to overcome.
Discriminatory statements and inappropriate limits on the number of people who can live in a home are only two of the ways familial status discrimination occurs. The Fair Housing Act prohibits housing providers from doing any of the following based on a person’s membership in a protected class:
- Refusing to sell or rent Setting discriminatory terms or conditions
- Advertising a discriminatory preference
- Misrepresenting availability
- Blockbusting or steering
- Harassment, threats, intimidation, coercion
- Inaccessible design (applies to the protected class of disability)
- Retaliation
- Any other conduct which makes unavailable or denies dwellings
For example, if a housing provider were to advertise an “adults-only” apartment, that would likely violate the Fair Housing Act (though there are exceptions for senior living facilities). Similarly, housing providers should not limit families with children to specific floors or sections of a building or complex. They also should not impose overly strict rules about children’s use of common areas like communal pools or fitness centers. Finally, housing providers should not enforce rules more strictly for children than for adults. For example, if a housing provider issued noise violations to a family with children, but not to equally loud adults-only households, that would likely constitute illegal discrimination under the law.
Ultimately, with the ERC’s assistance, Tara and Vivian filed fair housing complaints. Those complaints resulted in monetary settlements for our clients, but it shouldn’t be a renter’s responsibility to educate housing providers about their obligations under the law. Instead, housing providers should learn about their obligations under federal, state, and local fair housing laws to avoid discriminating. Anyone who believes they may have experienced familial status discrimination – or any other form of housing discrimination – in the Greater Washington, DC region is encouraged to contact the Equal Rights Center. Please email us at info@equalrightscenter.org or call 202-234-3062 to report your experience.
*Clients names have been changed to protect their privacy.
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If you believe you may have experienced discrimination in housing, you can contact the Equal Rights Center. To report your experience, please call 202-234-3062 or email info@equalrightscenter.org.
The information contained in this publication is not legal advice and should not be construed as such. For legal advice, please contact an attorney.
The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government.
