- 19-Apr-2025
- Healthcare and Medical Malpractice
Housing discrimination based on family size is prohibited under various fair housing laws. If you are denied housing because of the number of people in your household, you may have the right to file a complaint or legal claim. These protections are part of the effort to ensure equal opportunity in housing, especially for families with children.
Under the Fair Housing Act, it is illegal to discriminate in housing based on family status, which includes the number of children or family members in a household. This means that landlords cannot refuse to rent or sell a property simply because a family has a larger size or children under 18.
Family status is one of the federally protected classes under the FHA. This includes individuals who have children, are pregnant, or are in the process of securing custody of a child. Therefore, if you are denied housing based solely on the size of your family, you may be facing illegal discrimination.
Many states and local jurisdictions have additional fair housing laws that extend protections to individuals facing housing discrimination due to family size. Some regions may have more specific protections, so it's essential to check local laws.
While landlords are allowed to have certain rules regarding the number of people in a unit, they cannot use those rules in a way that discriminates against families with children. For example, a landlord cannot claim that a family with three children exceeds a capacity limit just because of the number of children.
Keep detailed records of your interactions with the housing provider, including emails, phone calls, or written notices that indicate a refusal to rent based on family size. This evidence will be crucial if you decide to file a claim.
If you are denied housing, ask the landlord or property manager for a written explanation of why your application was rejected. If the reason given is related to your family size, that could be a clear indication of discrimination.
If you believe you've experienced discrimination based on family size, you can file a formal complaint with HUD. The complaint must typically be filed within one year of the alleged discriminatory act.
Many states and cities have their own housing agencies that handle discrimination complaints. Contact your local fair housing agency to file a complaint or seek guidance about your rights.
If informal channels do not resolve the issue, you may consider taking legal action against the landlord or property manager. You may need an attorney specializing in housing law to pursue the matter in court.
If you file a complaint with HUD, the agency will investigate the claim, and if discrimination is found, it may offer remedies such as damages, back rent, or changes to discriminatory policies. The case may be referred to an administrative law judge or federal court if the discrimination is proven.
If discrimination is confirmed, you may be entitled to damages. These could include actual damages (such as compensation for emotional distress or the costs incurred in finding alternative housing), punitive damages, and attorney fees.
In some cases, the court may issue an injunction requiring the landlord to stop the discriminatory practice and rent to the affected family, or the landlord may be forced to adjust their housing policies to comply with fair housing laws.
A couple with two children applies for an apartment. The landlord refuses to rent to them, stating that the family size exceeds the unit’s capacity limit. The couple is told that families with more than two people are not allowed. The family suspects this refusal is based on discrimination against their family size, and they file a complaint with HUD. HUD investigates the claim and finds that the landlord’s capacity limits were being used to discriminate against families with children. The family is awarded damages and the landlord is required to adjust their policies to ensure equal treatment of families.
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