Familial status discrimination happens when a landlord, property manager, or housing provider treats a tenant or applicant unfairly because they have children living with them. This type of discrimination is illegal under the Fair Housing Act, which is a federal law that protects people from being denied housing based on certain protected characteristics. Familial status is one of those characteristics. It covers any household that includes one or more children under the age of 18, as well as pregnant women and people in the process of adopting or securing custody of a child. If you are a parent or expecting a child, a landlord cannot refuse to rent to you, charge you more, or impose special rules on you simply because you have kids.

The law is straightforward, but violations happen all the time. A common example is a landlord who tells a family with young children that the apartment is already rented, then turns around and rents it to a childless couple the next week. Another example is a landlord who only shows units on the ground floor to families with kids, claiming it is for safety reasons, while offering upper-floor units to single adults. That is still discrimination because the landlord is making assumptions based on the presence of children rather than treating the family the same as any other applicant.

Landlords also engage in familial status discrimination when they impose restrictive rules that specifically target children. Rules like “no children in the hallways after 7 p.m.”, “children must be supervised at all times in the courtyard”, or “families with children must use the back entrance” are illegal. While a landlord can set reasonable rules for all tenants, they cannot single out families with children. The rule must apply equally to everyone. For example, a quiet-hours policy that applies to all tenants is fine. A rule that says only children must be quiet after 8 p.m. is not.

Another form of discrimination is “steering.” This is when a housing provider directs families with children to certain buildings or neighborhoods and away from others. Maybe they assume families want to be near schools or parks, or they think a particular complex is too noisy for kids. Regardless of intent, steering is illegal because it limits a family’s housing choices based on assumptions about their needs. The tenant has the right to decide where they want to live, not the landlord.

Some landlords try to justify discriminatory actions by claiming health or safety concerns. For instance, they might say they cannot rent to a family with a toddler because the apartment has lead paint, or because the stairs are steep. While it is true that landlords must maintain safe housing, the proper response is to fix the hazard or inform the tenant and let them decide, not to reject the family outright. The law does not allow a landlord to refuse to rent to a family simply because the unit has a potential safety issue. The landlord must either correct the problem or offer the unit without discrimination.

Familial status discrimination also extends to the terms and conditions of the lease. A landlord cannot charge a higher security deposit for a family with children, or require a longer lease term, or demand that the family pay extra for “wear and tear” that might be caused by kids. All tenants should be treated the same under the lease. If a landlord does not charge a pet deposit for a dog, they cannot charge a child deposit for a kid. Children are not pets, and the law treats them differently.

If you believe you have been a victim of familial status discrimination, you have options. The first step is to document everything. Write down the date, time, and details of every conversation. Save any emails, texts, or voicemails. If a landlord made a verbal statement like “we don’t rent to families with kids”, try to get that in writing or have a witness. Then file a complaint with the U.S. Department of Housing and Urban Development (HUD) or with your state or local fair housing agency. You do not need a lawyer to file a complaint, but consulting one can help, especially if you have damages like moving costs or lost rent.

The law also protects you from retaliation. If a landlord tries to evict you or raise your rent after you file a complaint, that is illegal as well. You are allowed to stand up for your rights without fear of punishment.

Familial status discrimination is not just unfair—it is illegal. Landlords cannot treat families differently because they have kids. The rule is simple: if a housing provider would rent to a single person, they must rent to a family under the same terms. Knowing your rights is the first step to enforcing them. Do not let a landlord bully you or push you into a less desirable home because of your children. The law is on your side.