Question: Can persons with children be denied housing on that basis?
Answer: No. The fair housing laws protect a person who (1) has a child under the age of 18, (2) has legal custody of a child, (3) is designated by the parent to care for a child (provided that the designee has written permission from the parent), (4) is pregnant, or (5) is in the process of obtaining legal custody of a child. However, the fair housing laws do not protect persons denied housing because they are single, married, or living with someone.
Question: Are "adults only" communities allowed?
Answer: No, unless they qualify for one of the two exemptions which allow for adults only housing for elderly persons. [Note: There are numerous requirements which must be met to qualify for these exemptions. Contact your states Real Estate Commission for more details.] If a housing complex qualifies for the elderly person exemption, then it may discriminate based on familial status only. It may not discriminate on the basis of any of the other protected categories.
Question: Can an owner or agent segregate families with children from other tenants?
Answer: No. A member of a protected category may not be assigned to a particular section of a community, neighborhood or development, or to a particular floor of a building, because of being a member of a particular category.
Question: Can a landlord or agent limit the number of children allowed in a bedroom, or prohibit the sharing of bedrooms by children of the opposite sex?
Answer: No. Although a landlord may set "occupancy standards" for the number of people that will be allowed to live in a unit, the standards should not be based on the age or sex of the individuals. [Note: The fair housing laws do not limit the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of persons permitted to occupy a housing unit.]
