A safe, stable home is the foundation of a child’s well-being. However, families with children still face housing discrimination that limits their options, impacts stability, and compounds economic stress on the family. The Fair Housing Amendments Act of 1988 made it illegal to discriminate against households with children under the age of 18, those in the process of adopting or securing legal custody or guardianship of a child under the age of 18, or because of pregnancy. Housing providers cannot deny housing, impose different rules, terms, or conditions, or steer families away from certain areas simply because children are part of the household or because of a pregnant person in the household.
Today, families with children often encounter barriers such as being told a unit is “not suitable” for children. They are often burdened with higher security deposits or restricted lease terms or rules that limit children’s use of common areas or prohibit children from playing outside. Some apartment complexes implement occupancy rules which are far more restrictive than what is required by local property maintenance codes or impose per capita charges based on the number of people occupying the unit. The Housing Equality Center of Pennsylvania (HECP) has assisted many families with children who have faced discriminatory housing practices to assert their rights.
HECP received a complaint from a family who was evicted from their rental home because they had recently adopted a young boy from foster care. The child was intensely distressed, believing that he had been the cause of the family losing their home and needing to move, and the family had to seek out counseling services for him as a result of the discrimination. HECP assisted the family to file a complaint with HUD, which resulted in a monetary settlement that was sufficient for the family to make a downpayment on a house and become homeowners.
HECP assisted a U.S. Army nurse with a young daughter who had considered renting an apartment at a complex which was located across the street from her daughter’s school. When she inquired about available units at the complex, she was told that they did not permit children under the age of 18. HECP’s investigation documented that prospective renters representing adult households were shown available units and invited to apply, while households with children were told that the property was an “active adult” community, all residents were required to be over the age of 21, and that the complex did not permit children. While the Fair Housing Act contains an exemption allowing qualified senior housing to exclude families with children, the apartment complex did not meet the requirements for this exemption. In order to qualify as housing for older persons under the law, a complex must have at least one person aged 55 or older residing in at least 80% of the occupied units and must adhere to a policy that demonstrates an intent to house persons who are 55 or older.
In another case, HECP was contacted by a married couple who were denied a home renovation loan because the wife was on maternity leave following the birth of their second child. The credit union refused to process the loan application despite the complainant receiving full pay during her leave and having a scheduled date to return to work. HECP investigated the complaint and assisted the couple in obtaining legal counsel. A complaint was filed with HUD alleging that the lender violated the Fair Housing Act by discriminating against loan applicants who were on maternity leave. The case was ultimately settled via conciliation, which resulted in a monetary settlement reflecting the opportunity that had been lost by the couple to borrow at a low interest rate.
It is essential to protect the rights of families with children to access the housing of their choice without being subject to discriminatory terms and conditions. Fair housing protections for families with children help ensure that all families have equal opportunities for safe, secure, and affordable housing.
If you believe that you have been the victim of housing discrimination because of your familial status, you can contact HECP. HECP can discuss options for enforcement of your rights and in some cases, we may be able to conduct an investigation to see if housing discrimination is occurring and to help provide additional evidence proving your case. For more information about what to do if you think you have experienced housing discrimination click here. To report housing discrimination, click here.
