Fair housing isn’t just about race or disability – it also protects familial status, which means families with children are a protected group under federal law. As a real estate agent, you’ll likely work with clients who are parents, expecting a baby, or have guardianship of children. It’s crucial to understand when it’s illegal to deny housing to families and how the senior housing exemption works under the Fair Housing Act.
In this post, we’ll break down what “familial status” really means, why it matters, and how you can serve clients with kids or pregnant clients confidently and lawfully. Consider this a friendly refresher (and part of your real estate continuing education) on one of the lesser-discussed protected classes in housing.
What Is Familial Status and Who’s Protected?
Familial status refers to the presence of at least one child under 18 in a household. Under the Fair Housing Act, landlords and sellers cannot discriminate against families simply because they have kids. This protection covers many situations, including families with biological children, foster families, adopted children, and even those in the process of obtaining custody or adoption. Pregnant women are also explicitly protected – you cannot treat an expecting mother differently in a housing transaction, since she is considered as having a familial status. Essentially, if a person is caring for a minor or is about to, they’re protected from housing discrimination.
So what does discrimination look like in this context? Some examples include: refusing to rent a one-bedroom apartment to a single mother with an infant (claiming “no children allowed”), advertising a property as “adults only,” or charging higher security deposits for families with children. These actions would generally violate the law. Familial status was added as a protected category in 1988 as part of the Fair Housing Amendments Act, recognizing that families with children historically faced unfair treatment. Today, denying housing to someone because they have kids, or imposing special rules on families that you don’t impose on others, is illegal in most cases.
When Is It Illegal to Deny Housing to Families?
In almost all ordinary housing transactions, it is illegal to refuse housing to someone because they have children. Sellers cannot reject an offer simply because the buyers have kids. Landlords cannot have a blanket “no kids” policy for rentals (unless a narrow exemption applies, which we’ll discuss shortly). Beyond outright refusal, setting different terms or rules for families is also unlawful. For instance, a landlord can’t tell a family they may only live on the first floor “because of the kids,” or forbid children from using common areas when such restrictions don’t apply to all residents archives.hud.gov. Such practices would likely be seen as direct discrimination.
The Fair Housing Act lists familial status alongside race, color, religion, sex, disability, and national origin as protected characteristics. This means any action that makes housing unavailable or less favorable because someone has children is prohibited. Here are a few scenarios that would raise red flags:
- Refusing to Rent or Sell: If a landlord says “We’re not renting to you because we don’t want kids on the property,” that’s a blatant violation. Sellers who get cold feet about a buyer after learning they have toddlers could also be in trouble.
- Different Terms or Conditions: Charging a higher rent or deposit to families, or saying “your kids can’t use the pool or play on the lawn,” is unequal treatment. Families must be given the same access to amenities and the same rules as everyone else (reasonable health and safety rules are fine, but they must be truly about safety, not a pretext to exclude kids).
- Advertising Restrictions: Even your marketing needs to be careful. Phrasing like “ideal for singles or couples, no children” in a listing is illegal because it indicates a preference against families. In general, describe the property, not the desired tenant/buyer. (For example, say “cozy, small unit” rather than “not suitable for children.”)
One interesting aspect of familial status protection is that it also protects those who assist or associate with families. If a real estate agent or property manager faces retaliation or loses a job because they rented to a family with kids, that could also violate the law. The law casts a wide net to ensure families with children aren’t marginalized in the housing market.
The Senior Housing Exemption: “Housing for Older Persons”
Now, you might be wondering, what about 55+ communities or senior living complexes? Yes, there is a legal exemption that allows certain housing to lawfully exclude younger families in order to create senior-focused communities. This is often referred to as the “Housing for Older Persons” exemption, established by the Fair Housing Act and later clarified by the Housing for Older Persons Act (HOPA) of 1995. Here’s how it works:
A housing development can refuse occupancy to families with minors only if it qualifies as housing for older persons. To qualify, the community must meet one of these criteria:
- 62 and Older: All residents are 62 years of age or older. This is the strictest version – essentially a true seniors-only community. Every occupant has to be at least 62, no exceptions.
- 55 and Older: At least one person aged 55 or older lives in at least 80% of the occupied units, and the community adheres to a policy that demonstrates an intent to house persons 55 or older. This is the more common scenario. It means a development can market itself as “55+” and legally prefer those households – but it must keep documentation to ensure the 80% rule is met and publish policies about it. The other 20% of units (or less) can be occupied by people under 55 if, say, a 53-year-old spouse lives with a 55-year-old, or if some residents who were over 55 have passed away and their under-55 spouse remains, etc. However, no one in those communities can have minors living with them if they want to keep the exemption, aside from temporary visitations.
- Government-Designated Senior Housing: The housing is part of a federal or state program specifically designed to assist the elderly. These are typically subsidized senior housing programs.
If a property meets one of those standards, it can legally refuse to sell or rent to underage families. For example, a condominium complex that is entirely occupied by people over 62 can turn away a 40-year-old parent with a teenager – that’s lawful. Similarly, a “55 and up” community can deny a unit to a 30-year-old with kids.
It’s important to note that the senior housing exemption is not automatic – the burden is on the housing provider to prove they qualify for it. They need to consistently follow their age verification policies. If they ever drop below the required 80% threshold of seniors in a 55+ community, they could lose the exemption and once again be subject to familial status protection rules. There’s also a provision for a transition period around the 1988 law change: housing that was already functioning as senior housing just before the law took effect was given some leeway to transition without suddenly having to accept families with kids. But in modern practice, any bona fide senior community will make it very clear in their documentation that they are 55+ or 62+ housing.
Practical Tips for Agents Working with Familial Status Issues
For real estate professionals, the key is to treat families with children just as you would any other client. Here are some practical dos and don’ts:
- DO show families all the housing options that meet their criteria. Don’t withhold certain listings because you assume the landlord or neighborhood “might not be kid-friendly.” If the client is interested and the home fits their needs, show it. It’s up to the housing provider to tell us if any legal senior exemption applies (and unless it’s an obvious 55+ community, it usually won’t).
- DON’T make assumptions or comments about kids in the transaction. Avoid remarks like “This is a quiet building; are you sure it’s suitable for your children?” even if well-intentioned. Families can decide for themselves if a space works for them. Your job is to present the facts about the property, not to second-guess their family’s fit.
- DO be mindful in advertising. If you’re writing a listing description or rental ad, describe features of the property and maybe the general appeal (“spacious backyard, great for entertaining”) without implying who should live there. Even phrases like “perfect for a retired couple” could be viewed as discouraging others. Instead, highlight the features (e.g., “single-story layout with easy maintenance yard”) and let buyers or renters see if it matches their needs.
- DON’T enforce unofficial “rules” that target children. If you’re managing rental property for an owner, ensure any rules (pool use, noise, where kids can play, etc.) are genuinely about safety and apply equally to all ages. A rule like “No children allowed in the gym” could be discriminatory unless there’s a very specific safety regulation. Generally, rules should be behavior-based (“No loud noise after 10 PM”) rather than status-based (“No teenagers outside after dark”). A 15-year-old listening to loud music should be treated the same as a 45-year-old doing the same.
- DO respond properly if a client or customer raises a concern. Sometimes homeowners say things to agents like “I prefer to sell to someone without kids” or “I’m not comfortable renting to a family, they wear out the place.” It’s your job to educate them that you cannot legally honor that request. It might feel awkward, but it’s better to explain that fair housing laws prohibit discriminating against families. Most reasonable clients will understand when you frame it as a legal requirement (and an ethical one). If a landlord persists in a “no kids” stance and it’s not a senior community, you should know that taking that listing or tenant search could put you at risk. It may be best to refuse the business in that case.
Senior Housing: Explaining It to Clients
When you do encounter a legitimate senior housing situation, make sure you explain it correctly to avoid misunderstandings. For example, if you’re helping a client sell a condo in a 55+ community, advertise it as such (“55+ community – occupants must meet age requirements as per HOA rules”). Buyers without a qualifying household member shouldn’t waste their time. Likewise, if a family with young kids asks to see homes in a known retirement community, gently inform them upfront that those homes are set aside for older adults by law. This saves everyone time and sets clear expectations.
It’s also worth noting that senior housing isn’t obligated to exclude younger people – it’s an option, not a requirement. Some communities choose to be seniors-only to create a certain environment and because the law permits it. Others might welcome a mix of ages but still market to seniors. If you manage or advise a HOA/condo board that wants to become “55+,” make sure they understand the legal hoops (e.g. surveys to verify ages, consistent policies, etc.). That could even be a niche advisory role you play after doing some continuing education on the topic!
Knowledge Is Key (Keep Learning!)
Understanding familial status protections is essential for providing fair, professional service to all your clients. No family should be turned away from a home just because they have children – and as an agent, you’re on the front lines of making sure that doesn’t happen. The flip side is knowing when an exception (like senior housing) is valid so you can confidently counsel clients in those situations. Staying updated on nuances like these often comes down to education. In fact, many real estate license renewal courses include segments on fair housing, because these laws do evolve and it’s easy to overlook details over time. Consider enrolling in a refresher on fair housing as part of your ongoing continuing education for real estate agents. Not only will it keep you compliant, but it also empowers you to answer client questions and handle tricky situations (like “Can that 55+ condo really ban my 10-year-old?”) with authority.
Remember, treating clients with kids or pregnant clients with the same respect and diligence as anyone else isn’t just about avoiding a lawsuit – it builds trust and a reputation that you are a family-friendly agent. By being informed (and maybe sharing a tidbit or two from your real estate CE training when appropriate), you help ensure that “family status” is never a barrier in finding a home. And that’s good business for everyone.
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