Can a Landlord Refuse to Rent to Families with Children?

In the United States, housing discrimination against families with children is prohibited under federal law. However, understanding your rights as a renter and knowing how these laws apply can help protect you from unfair treatment.

The Fair Housing Act

The Fair Housing Act (FHA) of 1968, as amended in 1988, explicitly prohibits housing discrimination based on familial status. This means landlords cannot refuse to rent to tenants simply because they have children under the age of 18. Familial status protection applies to:

Pregnant individuals
Legal guardians with children
People in the process of securing custody of a child (e.g., through adoption or foster care)

For example, if you’re searching for an apartment in Atlanta, Georgia, or Phoenix, Arizona, and a landlord denies your application because you have children, they may be violating federal law.

Exceptions to the Rule

There are a few narrow exceptions to the Fair Housing Act, including:

Owner-Occupied Buildings: Properties with four or fewer units where the owner lives in one of the units are exempt.
Senior Housing: Communities that qualify as housing for older persons (e.g., 55+ communities) are permitted to exclude families with children.

For instance, a 55+ retirement community in Sarasota, Florida, may legally restrict rentals to older adults.

Common Forms of Discrimination

Discrimination against families with children isn’t always blatant. It can include:

Refusing to rent a unit
Charging higher rent or security deposits
Restricting access to amenities like pools or playgrounds
Imposing rules that unfairly target children (e.g., banning outdoor play)

In Denver, Colorado, a landlord who sets stricter noise rules for tenants with children than for other tenants could be engaging in discriminatory practices.

What to Do If You Face Discrimination

If you suspect a landlord is refusing to rent to you because you have children, take the following steps:

Document the Incident: Keep records of all communications with the landlord, including emails, texts, or application rejections.
Contact Local Housing Agencies: Many cities, such as Los Angeles, California, have tenant advocacy organizations that can provide guidance.
File a Complaint: Report violations to the U.S. Department of Housing and Urban Development (HUD). You have one year from the date of the incident to file a complaint.

Protecting Your Rights

Understanding your rights under the Fair Housing Act is essential to ensuring fair treatment. Whether you’re renting in Chicago, Illinois, or Dallas, Texas, landlords are required to comply with federal laws. Familiarizing yourself with local and state laws can provide additional layers of protection.

Final Thoughts

Discrimination against families with children is illegal and should not deter you from finding suitable housing. If you encounter discriminatory practices, taking swift action can help protect your rights and ensure access to the housing opportunities you deserve.