Familial Status Discrimination: Your Kids Have Housing Rights Too

"We Prefer Quiet Tenants" Means "We Discriminate Against Families"

Jessica Martinez has two kids, ages 3 and 7. She makes $72,000 a year. Perfect credit. Excellent references from her previous landlord of six years. She applied for a two-bedroom apartment in Portland listed at $1,800/month.

The property manager seemed enthusiastic on the phone. Then Jessica showed up for the viewing with her kids.

Suddenly the manager remembered: "Actually, this unit might not work for you. We have a lot of professional tenants who work from home. They need quiet. Maybe try the building on Fourth Street - lots of families there."

Translation: "We don't want your kids here."

Jessica applied anyway. Application denied. Reason given: "Not a good fit for the community." Meanwhile, a childless couple with lower income and worse credit got approved the same week.

Jessica filed a HUD complaint. Investigation uncovered that the property had rejected 14 families with children in the past year while maintaining a 92% occupancy rate of childless tenants in a city where 35% of renters are families. The "quiet professionals" excuse was code for familial status discrimination.

Settlement: $34,000 to Jessica. Policy changes requiring acceptance of families. Fair housing training for all staff. HUD monitoring for three years. And Jessica got offered a unit in the building she originally wanted - at $200/month below market rate for three years as part of settlement.

The Law They're Breaking

Fair Housing Act, amended in 1988, prohibits discrimination based on "familial status." That means:

• Families with one or more children under 18
• Pregnant women (even if they don't have kids yet)
• People securing legal custody of children under 18 - adoption, foster care, guardianship

Landlords cannot refuse to rent to families. Cannot charge families more. Cannot steer families to certain buildings or floors. Cannot restrict children from amenities. Cannot enforce rules more strictly against families.

Yet they do it constantly. Why? Because they think they can get away with it. Because families often don't know their rights. Because "we want quiet tenants" sounds more palatable than "we discriminate against children."

Time to make it expensive for them.

Who's Protected

How Landlords Discriminate (And How You Catch Them)

The Occupancy Limits Scam

This is where landlords get sneaky. Instead of saying "no children," they set occupancy limits that mathematically exclude families.

"Maximum 2 people" in a two-bedroom apartment. That excludes family with two kids (4 people total). Also excludes single parents with one child (3 people).

HUD's guideline: 2 people per bedroom plus 1. So a two-bedroom should accommodate 4-5 people. One-bedroom should fit 2-3 people.

Landlords can deviate from this if they have legitimate reason - local housing codes, building system limitations, unit is unusually small. But they have to actually prove it. "I want quiet tenants" is not a legitimate reason.

Kern County: A Case Study in Illegal Occupancy Limits

October 2024, Department of Justice sued 18 rental properties in California for setting occupancy limits of "2 people maximum" in two-bedroom units.

The properties couldn't point to any local code requiring this limit. Units weren't unusually small. No septic or building system justification. Just a blanket policy that happened to exclude every family with children.

DOJ investigation also found these properties had rejected families while accepting childless applicants with similar qualifications. Pattern and practice of discrimination.

That lawsuit is ongoing. Expected outcome: six-figure settlement fund for victims, civil penalties, injunction requiring properties to accept families, policy changes, monitoring.

All because they tried to disguise "no children" as "occupancy standards."

Pregnancy Discrimination: You're Protected Before Baby Arrives

Amanda was three months pregnant when she applied for an apartment in Austin. Property manager asked during showing, "Are you expecting?"

That question alone is problematic - landlords shouldn't be asking about pregnancy. But it got worse.

After Amanda confirmed she was pregnant, manager said, "We'll need to think about whether this unit is appropriate for a family situation. Our tenants value peace and quiet."

Application denied. Reason stated: "Does not meet community standards."

Amanda filed HUD complaint citing pregnancy discrimination under familial status protections. Settlement: $27,000. Manager had to undergo fair housing training. Property management company revised all screening policies.

Why Pregnancy Discrimination Is Often Worse

Landlords who discriminate against pregnant women often make it obvious. They ask invasive questions. Make comments about "single mothers" or "family situations." Express concerns about noise from future baby.

All of this is evidence. Document every comment. Pregnancy discrimination cases often result in higher damages because:

• Discrimination is frequently blatant and documented
• Affects particularly vulnerable population (pregnant women need stable housing)
• Often involves offensive stereotypes about single mothers or "problem families"
• May constitute both familial status AND sex discrimination

The Senior Housing Exception (And How Landlords Abuse It)

Only one legitimate reason landlords can exclude families: qualified "Housing for Older Persons."

Two types:

• 62+ housing: At least 80% of units have someone 62 or older
• 55+ housing: At least 80% of units have someone 55 or older, plus specific policies and verification procedures

But here's what happens in reality: Properties advertise as "adults only" or "mature community" without actually qualifying as Housing for Older Persons. They have residents of all ages - just no children.

That's illegal. They're using senior housing exemption as excuse while not meeting requirements.

How to Challenge Fake "Senior Housing"

If property claims adults-only policy:

1. Ask if they're certified as Housing for Older Persons
2. Request documentation showing they meet 55+ or 62+ requirements
3. Look at who actually lives there - do they have residents under 55 who don't have children?
4. If they can't prove qualification, their adults-only policy is illegal discrimination

Most "adults preferred" or "quiet mature community" properties are not legitimate senior housing. They're breaking the law and hoping families don't fight back.

Building Your Case

What to Document

• All advertisements and listings for the property
• Every communication with landlord - emails, texts, voicemails, letters
• Notes from phone calls and in-person conversations (write down immediately - date, time, who said what)
• Your application materials showing you were qualified
• Proof property remained available after rejecting you
• Information about other applicants/tenants if you can get it
• Witness statements from people who were with you or heard discriminatory statements

What Discrimination Costs Them

Familial status cases settle for $15,000-$50,000+ regularly. Here's why:

Recent Settlements

• Florida "mature adults only" case (2024): $45,000
• Minnesota higher deposit case (2024): $18,000 + refunds
• Texas pregnancy discrimination (2024): $29,000
• Portland steering case (Jessica's case): $34,000
• Kern County occupancy limits (ongoing): Expected $500,000+ fund

Calculate Your Potential Damages

Estimate what you could recover for familial status discrimination.

Frequently Asked Questions