Families with Children (Familial Status)
Protections for familial status under fair housing laws include being discriminated against in housing due to the (1) presence of children under 18 in the family, (2) pregnancy, and/or (3) adults attempting to secure custody of children through adoption or guardianship.
Housing discrimination due to familial status can take many forms including:
- Advertising “no kids,” or “1 child ok,” or “adults preferred.”
- A lender mandating a woman return from maternity leave before approving a mortgage.
- Restricting families with children to certain buildings or floors.
- Overly restrictive occupancy standards which more harshly impact families with children.
- Not notifying a family with children about the known presence of lead paint.
- Restricting housing development in an attempt to limit the number of children in an area.
- Per head rental or deposit charges.
- Applying rules or policies that directly impact families with children, such as “Kids cannot play outside,” adult only swim times, or curfews above and beyond any local ordinance.
- Rules or policies which restrict minor children of opposite genders or certain ages from sharing bedrooms (also a form of gender based discrimination).
FHCCI Resources:
- FHCCI Fair Housing Laws and Familial Status Protections Fact Sheet:
- FHCCI Familial Status Video
Government Guidance & Resources:
- HUD Memo on Occupancy Standards, December 18, 1988 (commonly called the Keating Memo)
- HUD Guidance Memo on Conversion of Property to Housing for Older Persons, April 2, 1999
- HUD Question & Answer Memo on Housing for Older Persons, 2005
- HUD Occupancy Standard Manual for Subsidized Multifamily Housing Projects
Reports of Interest:
- Evicting Children, Desmond, Matthew, Weihua An, Richelle Winkler, and Thomas Ferriss. 2013.
General Information:
This short FHCCI video highlights the most common types of housing discrimination experienced by families with children.


