Can a Landlord Refuse to Rent to Applicants Who Have Children?

Landlords and property managers face difficult decisions when selecting tenants, including whether to discriminate against applicants with children. This decision falls under the Fair Housing Act’s jurisdiction, which prohibits discriminatory housing practices based on protected categories. Passed in 1968, it aims to create equal housing opportunities and prevent discriminatory practices based on factors like race, color, religion, nationality, sex disability, and familial status.

FHA protects people with children younger than 18 years of age by barring landlords from turning away an applicant just because they have children, regardless of family status (whether single parent, couple with kids pregnant, or in the adoption process). This protection extends across different housing options like apartments, single-family homes, and rentals in larger complexes.

There are exceptions to the general rule that landlords cannot discriminate against applicants with children when renting property, however. Housing specifically designated for older adults such as senior living communities could fall outside this protection and set age restrictions or decline renting to families of children altogether. Such communities must meet specific criteria before being exempted.

Landlords have the responsibility to implement fair policies that affect all tenants equally, including families with children. These policies may include rules on noise levels, communal areas, and tenant numbers. However, these rules should not disproportionately impact families with children and may lead to legal action if found discriminatory. These policies should be applied equally across all rented units.

Landlords can use nondiscriminatory criteria when screening tenants, such as reviewing credit, rental history, income, and background checks, to assess financial stability and ability to meet lease obligations. However, they cannot discriminate by denying applicants due to financial reasons, despite other factors like children present. This ensures fairness in the rental process.

Landlords should remain up-to-date with state or local laws that offer families with children additional rights and protections, especially regarding housing discrimination laws in different regions. To prevent discrimination claims or legal actions against tenants, property managers and landlords must make certain all federal and state housing regulations are being upheld in full.

As discrimination may still exist despite our protections, tenants who believe they’ve been unfairly denied housing because of family status have the option of filing a complaint at either the U.S. Department of Housing and Urban Development or their local fair housing agency. Both bodies can investigate potential instances of discrimination while potentially taking enforcement actions against landlords who violate Fair Housing Legislation (FHA).

The federal Fair Housing Act ensures that landlords cannot refuse rental applications from applicants with children, with exceptions for senior housing. Landlords can protect tenants’ rights by understanding applicable laws and policies, making informed decisions when managing properties, and adhering to both federal and state housing regulations to avoid legal consequences.