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Housing Rights for Families

Because families with children are often the victims of discrimination, Housing Rights, Inc. has put together this page to inform families of their rights.

Fair housing laws were created to protect sections of the population that have historically been subject to discrimination. These laws make it illegal to discriminate against renters and homebuyers based on criteria such as their race, color, religion, national origin, disability, etc. One such protected category is Familial Status. This means that families with children are protected from discrimination under fair housing laws. The law also covers people waiting to adopt, to give birth or to be reunited.

Frequently Asked Questions:
Can a landlord limit the number of people living in the residence?
The landlord may follow ‘reasonable occupancy limitations’. In California, the limit is two persons per bedroom, plus one.

Do the Fair Housing Laws apply to all housing?
The federal fair housing protections
for families with children apply to all housing except a home in which the landlord lives and rents out only one room, and senior citizen housing.

What Does Familial Status Discrimination Look Like?
Refusing to rent or sell to families with children.

Giving families with children different terms or conditions than other residents.

Charging higher security deposits or rent to families with children.

Employing restrictive rules concerning children.

Requiring families with children to live on certain floors or in certain buildings.

Advertising that dissuades families with children from applying.


Did you know...
Before renters with children became a protected group under fair housing laws, studies had shown that 25% of all rental units excluded families with children and that 50% of all units had policies that treated families with children different from other tenants. Many tenants with children were unable to live in the housing of their choice. In 1988, both the federal government and California amended their existing fair housing laws to extend protection to residents according to their family status.


More Resources:
California Department of Fair Employment and Housing
1-800-233-3212 or www.dfeh.ca.gov.

Federal Department of Housing and Urban Development (HUD)
1-800-669-9777 or www.hud.gov.