Understanding Familial Status Under the Fair Housing Act

When it comes to fair housing compliance, familial status is a crucial yet sometimes misunderstood protected category. Many real estate agents have heard the term, but what is familial status, exactly, and why does it matter? In simple terms, familial status means the presence of children under 18 in a household – including families with minor children, pregnant individuals, and those in the process of adopting or gaining custody of a child​ empirelearning.com​humanandcivilrights.delaware.gov.

Under the Fair Housing Act (FHA), you cannot treat clients or prospects differently just because they have kids or are about to. This long-form guide will define familial status in the context of U.S. fair housing law and explore how it affects your daily real estate practice. We’ll cover common pitfalls (like advertising language and occupancy rules), real examples of familial status discrimination, best practices to stay compliant, and even some gray areas and myths that trip up well-meaning professionals.

By the end, you’ll have a clear understanding of what familial status protections entail and how to ensure your marketing, leasing, and sales activities align with the law.

What Is Familial Status and Who Is Protected?

Familial status is one of the seven federally protected classes under the Fair Housing Act (alongside race, color, religion, sex, disability, and national origin) ​hud.gov. It specifically refers to households with at least one child under 18 years old. The law’s definition is broad: it covers any situation where a minor lives with a parent or legal guardian (including stepparents or grandparents), as well as anyone in the household who has legal custody of a minor or has the written permission of a parent to care for a minor​ hud.gov.

Crucially, the FHA also extends this protection to people who are pregnant or in the process of securing custody of a child (for example, someone who is adopting or foster parenting) ​fairhousingnc.org. In short, if a person is caring for a minor – or is about to – they are protected from housing discrimination based on that family status.

It’s important to note that familial status does not mean marital status or the mere fact of having a family in a general sense. Rather, it is narrowly focused on the presence of children in the home. A single parent with kids, a married couple with a toddler, a same-sex couple foster-parenting teens, or an expectant mother all fall under familial status protection ​fairhousingnc.org. Even a household with a temporary guardianship or someone about to adopt is covered.

All types of families with children (regardless of the parents’ gender, sexual orientation, or marital status) are protected. As a real estate professional, you must provide the same level of service and access to housing for these clients as you would to any other, per federal law and the National Association of REALTORS® (NAR) Code of Ethics.

In fact, NAR’s Article 10 explicitly forbids REALTORS® from denying equal professional services for reasons of race, color, religion, sex, disability, familial status, etc. ​nar.realtor. This means treating a client with kids differently (even subtly) can violate both the law and your ethical obligations.

Why Familial Status Matters Under the Fair Housing Act

Familial status was added to the Fair Housing Act in 1988 because families with children historically faced unfair barriers in housing. Landlords would advertise “adults-only” apartments or refuse to rent to couples once they learned a baby was on the way. Such practices severely limited housing choices for families. Today, the law makes it illegal to discriminate against someone simply because they have children.

This applies to practically all housing transactions – renting, leasing, selling, or even lending for a home​ nar.realtor ​nar.realtor. As an agent or broker, you cannot refuse service or alter your dealings with a client due to their family status. If a landlord or seller client asks you to find only “childless” tenants or buyers, you must refuse to comply, since that would be discriminatory.

From a risk perspective, familial status complaints are a significant portion of fair housing cases each year. According to the National Fair Housing Alliance, about 7–8% of all fair housing complaints in recent years involve alleged discrimination against families with children​ hopefair.org.

That may not sound as high as race or disability complaints, but it’s consistently among the top five categories nationally. For real estate practitioners, this means the chances of encountering a familial status issue are real – and the consequences can include HUD complaints, lawsuits, financial penalties, and damage to your reputation or license.

For example, in one case HUD settled, a property management company had to pay thousands of dollars and undergo fair housing training because testers found they were discouraging applicants with kids and using phrases like “adults only” in ads ​buildium.com​ buildium.com. The takeaway: Take familial status protections seriously. It’s not a “lesser” protected class; it’s the law, and enforcing it is a priority for regulators.

Common Violations: How Familial Status Discrimination Happens

Discrimination based on familial status can sometimes be overt and other times quite subtle. As an agent, it’s critical to recognize the red flags. Here are some common violations and pitfalls to avoid.

Refusing to Rent or Sell to Families with Children

The most blatant violation is outright denial. For instance, a landlord saying “We don’t rent to families with kids,” or an owner instructing you not to accept offers from buyers with children, is illegal.

You cannot refuse to negotiate with or show housing to someone because of kids in the home ​fairhousingnc.org. Even suggesting that a family “look elsewhere” due to their kids is a form of denial.

Lying About Availability

Another common tactic is misinformation. Telling a family that no units or homes are available when in fact they are, just to avoid renting or selling to them, is against the law ​fairhousingnc.org.

For example, if a family of four inquires about a listing and you know the owner prefers a childless couple, you cannot say “Sorry, it’s off the market” when it’s not. This kind of false denial was specifically prohibited by the Fair Housing Act and is easy for testers to catch.

Steering and Segregation

Steering involves guiding or “steering” certain clients toward or away from specific properties or neighborhoods based on a protected characteristic. With familial status, this might look like an agent only showing families with young kids homes in one particular school district or apartment building, while keeping them away from other options.

It can also happen within a property: for example, a property manager might designate one building or floor in an apartment complex as a “kid-friendly” section and try to confine all families there, or conversely label another building “adults-only” and keep families out. Such practices are discriminatory.

All available homes that meet the client’s criteria should be offered, without regard to whether the neighbors or owner prefer an adult environment​ fairhousingnc.org. Never assume a certain area is or isn’t suitable for your client’s family – let them decide. Steering is not only unethical; it’s illegal.

Requiring Unnecessary Larger Units

Forcing families to rent or buy larger (and more expensive) units than they need, simply because they have children, is a form of differential treatment. An example would be a condominium association rule that says “each child must have their own bedroom”​ fairhousingnc.org.

If a couple with one child wants to rent a one-bedroom apartment (perhaps the child is an infant or they choose to share space), a landlord generally cannot reject them on the grounds that “you must rent a 2-bedroom if you have a kid.” That kind of policy, unless justified by legitimate occupancy codes (more on occupancy standards shortly), likely violates the FHA.

The family’s housing needs are for them to decide; you as an agent or landlord shouldn’t impose extra requirements just due to the presence of children.

Differential Terms, Deposits, or Fees

All financial terms and conditions must be consistent regardless of familial status. It is illegal to charge a higher rent, bigger security deposit, or additional “child fees” to families with kids​ fairhousingnc.org​ humanandcivilrights.delaware.gov.

For instance, a landlord cannot say, “Your toddlers might damage the carpet, so I need an extra $300 deposit” if that extra deposit is only charged to tenants with children. The same goes for rules like requiring an additional month’s rent up front “because of the kids.” Such practices explicitly target families and are unlawful.

The only time different terms are allowed is if they are based on factors other than the protected class (like pet fees for pets, credit risk adjustments for low credit scores, etc.), and those must be applied evenly. Children are not pets – you cannot impose pet-like fees or restrictions on human family members.

Discriminatory Advertising and Listings: Be extremely careful with advertising language.

The law prohibits publishing any notice or advertisement that indicates a preference, limitation, or discrimination based on protected classes – familial status included ​hud.gov.

Obvious no-nos are phrases like “no children,” “adults only,” “couples preferred,” or “perfect for singles, not suitable for kids.” Even if a statement like that reflects the owner’s wish, printing it in an MLS listing or rental ad is illegal mymetrotex.com. For example, advertising a property as a “quiet, adults-only retreat” is likely to be viewed as discouraging families with children, which violates fair housing laws.

In one real case, a Massachusetts landlord got in trouble for advertising in ways that discouraged families; as part of the settlement, they were actually required to include the phrase “children welcome” in future ads to remedy the effects of their past discrimination ​buildium.com.

The lesson: keep your marketing descriptions focused on the property features and benefits, not on the “ideal” buyer or tenant. Describing a home as “cozy bungalow with a fenced yard and nearby park” is fine; saying it’s “ideal for a single professional” is not (that implies others, like a parent with a child, might not be welcome).

Rules Restricting Children’s Activities

This is an area where some housing providers slip up unintentionally. Any rule that specifically limits children (and not all residents) can be suspect. Examples include pool or amenity rules that treat kids and adults differently without a valid safety reason. A classic example is a sign saying “Adults Only Swim Time – no kids after 6 PM” or “Children under 16 cannot use the gym.”

Unless the housing is qualified senior housing (where no minors are allowed at all), rules should generally be age-neutral and behavior-based. A rule like “No running or screaming in hallways” is fine if it applies to everyone, but a rule like “No children playing in the lobby” is problematic. In fact, HUD has pursued enforcement against landlords for overly restrictive rules on children.

For instance, a Texas apartment complex posted numerous signs: one said children under 14 must have an adult to use the pool (even as older teens could swim alone), another said kids must be supervised at all times on the property, and they even threatened eviction if kids were found playing outside unsupervised​ buildium.com​ buildium.com.

HUD argued these rules went beyond legitimate safety concerns and effectively made the community hostile to families. While safety is important, rules can’t be a pretext to squeeze out families. A good guideline is: make rules about behavior or supervision that apply equally to everyone or are based on actual dangers (for example, “No roughhousing in the pool” applies to all ages, and “children under 12 must be accompanied by an adult in the pool” might be acceptable as a safety measure).

But rules that only target kids (curfews for teenagers that don’t apply to adults, or banning kids from common areas entirely) are red flags ​empirelearning.com. If you manage property for an owner, review any family-related rules through a fair housing lens. When in doubt, err on the side of inclusion or consult legal counsel.

Mortgage and Lending Discrimination

Real estate agents mostly deal with renting and selling, but be aware that fair housing protections extend to financing as well. Familial status discrimination can occur in the lending process – for example, a lender delaying or denying a mortgage because the borrower is on maternity leave or expecting a child.

That’s illegal under the FHA (and the Equal Credit Opportunity Act). A pregnant client’s loan should be processed based on her qualifications, not speculation about her future family expenses.

While you as an agent aren’t the loan underwriter, you should be aware of this protection in case your client faces such an issue. If a buyer client tells you, “The bank asked if I’m planning to have kids – is that okay?”, you should recognize this as a potential red flag.

Lenders and insurers cannot treat pregnancy or presence of children as negatives in a housing transaction​ humanandcivilrights.delaware.gov. In your role, guiding your client to resources or fair housing agencies if they suspect discrimination is part of providing equal professional service.

Rental Properties vs. Sales: Different Challenges

Familial status issues can crop up in both rental and sales transactions, though they often manifest differently.

Rentals

This is where we see the bulk of familial status complaints. Landlords (or property managers) might overtly exclude families or subtly make it hard for them (via strict rules, higher deposits, etc.).

As a leasing agent or property manager, be extra vigilant. Common rental issues include occupancy limits (e.g., “no more than 2 people in a 2-bedroom apartment” regardless of ages), advertising that hints at adult preference, or steering families to specific units (like only allowing families in ground-floor units to avoid noise upstairs).

Make sure any occupancy policy for a rental is reasonable (coming up next) and that you never imply a preference for tenants without kids. Even well-meaning comments like “This apartment is small, maybe you’d be happier elsewhere with your children” could be construed as discouraging a prospective tenant because of their kids. Always let the applicant decide if a space works for their family.

Sales

Discrimination in home sales is less overt but can still happen. A listing agent might field a seller’s request to “find a buyer who will fit in with the neighbors (i.e., no loud kids).” Or a buyer’s agent might unconsciously show a family fewer options, assuming certain neighborhoods “aren’t for kids” or vice versa. There have been cases where homeowners’ associations or condo boards had unofficial policies against children – for example, a condo complex that tried to refuse sales to families until a lawsuit put an end to it ​justice.gov.

As a REALTOR® or agent representing sellers, never allow illegal preferences to dictate your marketing. If a seller says, “Our neighbors are all retirees, we’d rather sell to a couple without children,” you must firmly explain that you cannot consider family status in the sale – it’s against federal law ​empirelearning.com.

On the buyer side, provide all information the client requests (schools, parks, etc.), but do not filter out properties on your own due to the presence or absence of kids in the household. Remember, every buyer has the right to see any home they can afford without discrimination. Familial status should play no role in whether a buyer’s offer is presented or accepted.

The only exception is if the property is in a bona fide senior restricted community (addressed below); in that case it’s appropriate to inform a family that the community has age requirements. Outside of that scenario, treat family buyers the same as any other buyers in terms of what homes you show and how you negotiate.

Occupancy Standards, Exemptions, and Gray Areas

While the rules against familial status discrimination are broad, there are a few gray areas and exceptions worth understanding. These often involve balancing familial status with other legitimate housing policies. Let’s unpack two big ones: occupancy limits and senior housing.

Occupancy Standards – What Is “Reasonable” for Families?

Occupancy standards. The limits on how many people can live in a unit can be a confusing area. Landlords do have the right to set reasonable occupancy limits for safety and comfort, and often local building or health codes dictate maximum occupancy. However, because those limits directly affect families (especially larger families), they can verge into discrimination if too restrictive. The key word is reasonable. HUD guidance (in the form of the 1991 “Keating Memo”) established a general rule of thumb: an occupancy policy of two persons per bedroom is presumed reasonable in many cases​ hopefair.org. But this is not a hard-and-fast rule, just a guideline. There are situations where even two per bedroom might be unfair – or where more than two per bedroom could be reasonable – depending on factors like:

Size and Layout of the Unit. Not all bedrooms are equal. A huge 200 sq. ft. master bedroom might comfortably sleep two parents and an infant, for example. Or a den or extra living area might be usable as a sleeping space. If a rental has a large extra room, a strict “2 per bedroom” rule might unnecessarily bar a family of five from a two-bedroom apartment when they could live there safely. Conversely, a very small bedroom (say a tiny studio or single-room occupancy) might not reasonably fit two adults.

Age of the Children. A baby or young child can easily share a bedroom with parents or siblings without issues. HUD and courts will consider it unreasonable if a landlord’s policy would force, for instance, a newborn and parents to rent a 2-bedroom instead of a 1-bedroom. On the other hand, four adult-sized teenagers in one bedroom might raise more legitimate concern. The ages and sex of the children (e.g. opposite-sex teens might need separate rooms soon) can factor in what’s reasonable.

Other Health and Safety Factors. Overall square footage, septic/plumbing capacity, and fire safety codes matter. If local code says a rental must have at least 150 sq. ft. of sleeping space per person, that sets a baseline. But be careful: sometimes “overcrowding” rules are used as a pretext to keep out families. HUD will look at the totality of circumstances. If a landlord uniformly applies a reasonable standard (like following local code or the two-per-bedroom guideline with flexibility for infants), they are on safer ground. If they adopt an overly strict rule (like “only one person per bedroom no matter what), that is very likely a Fair Housing violation ​hopefair.org. In fact, one fair housing center lists a “one person per bedroom” rule as a textbook example of familial status discrimination​ hopefair.org.

As an agent advising landlords or as a property manager, make sure any occupancy policy passes the smell test. A common acceptable standard is “2 heartbeats per bedroom, plus maybe an infant in the parents’ room.”

If an owner wants a stricter cap, warn them that they must have a solid, non-discriminatory reason – and even then, HUD may scrutinize it. Always check if there are state or local occupancy laws, because those can provide a safe harbor (following a fire code occupancy limit, for instance, is generally okay). But even local codes can be trumped if used to discriminate intentionally. The bottom line is to avoid using occupancy as an excuse to exclude families.

As HUD itself puts it, policies that appear neutral but effectively bar families with children may violate the FHA if they are not justified. In one HUD familial status case, part of the complaint was that the landlord imposed a stricter occupancy standard than necessary, just to reduce kids on the property ​buildium.com.

Don’t let that be you. If a family of five wants to squeeze into a two-bedroom and it doesn’t violate any codes, it’s usually their right to do so.

The Senior Housing Exemption (Housing for Older Persons)

What about 55+ communities or “adult only” complexes? Real estate agents often ask, isn’t it legal to have communities that exclude kids? The answer is yes – but only in very specific circumstances defined by law. The Fair Housing Act carves out an exception for “housing for older persons,” which was further clarified by the Housing for Older Persons Act (HOPA) of 1995. If a housing development qualifies as senior housing under HOPA, it is exempt from familial status protection (meaning they can legally refuse to sell or rent to families with minors). To qualify, a community must meet one of these criteria:

• 100% 62 or Older. All residents are 62+ years of age. This is a strict seniors-only community – every single occupant must be at least 62, no exceptions for younger spouses or anyone else. These are less common but are true age-restricted communities.
• “55 and Over” (80/20 Rule). At least one occupant in at least 80% of the units is 55 or older, and the community adheres to a policy that demonstrates an intent to house older persons ​empirelearning.com. This is the typical “55+ community.” In practice, it means most households have someone 55 or up, but a few units (up to 20%) can have younger occupants as long as the overall community meets the threshold. Even in those cases, however, no one under 18 can be a permanent resident in a 55+ community – they truly are child-free zones. (Temporary visits from grandkids are usually allowed for a limited time.) The community must publish and follow policies about age verification to keep this exemption ​empirelearning.com. If they ever slip below the 80% rule or don’t enforce their age policies, they could lose the exemption​ empirelearning.com.
• Government-Designated Elderly Housing. Some HUD, state, or local programs provide housing specifically for the elderly (for example, a HUD-subsidized senior apartment building). These are also exempt as “housing for older persons” ​empirelearning.com. They will typically have explicit age qualifications in their funding rules.

If a property meets one of the above standards, then it may legally exclude families with children. For example, a condo complex that is a certified 55+ community can refuse a 30-year-old with a child – that’s lawful. Importantly, this exemption is not automatic; the burden is on the housing provider to prove they qualify for it​ empirelearning.com.

As an agent, you should be very cautious with any client who says “we want to advertise this as adults-only.” Unless you are 100% sure the property is in a qualified senior living community, that phrase is off-limits. If you do represent a 55+ community, make sure all advertising clearly states it (e.g. “55+ community – at least one occupant must be 55 or older as per HOA rules”)​ empirelearning.com.

That way, families won’t waste time inquiring, and you’re transparently complying with HOPA. Likewise, if a family with young kids asks to see homes in a known retirement community, it’s appropriate to gently explain why those homes won’t be available to them​ empirelearning.com.

Outside of the HOPA exemption (and the very narrow “Mrs. Murphy” exemption for owner-occupied small rentals), there is no legal basis to exclude based on age or family status. Some landlords think if they only have a duplex or a small fourplex they can do as they please – but note, while the FHA might not apply to an owner-occupied duplex rental in terms of choosing a tenant, it still forbids discriminatory advertising in any scenario.

And any agent involved in any transaction is bound by fair housing laws regardless of those small landlord exemptions. So, practically speaking, real estate professionals should assume familial status protections always apply unless dealing with a clearly defined senior housing situation. When in doubt, treat it as non-exempt.

Best Practices for Agents and Brokers

How can you ensure you’re upholding familial status protections in your day-to-day work? Here are some practical best practices and guidelines.

Show All Relevant Properties

Do show families every listing that meets their criteria and budget, just as you would any other client. Don’t withhold properties because you think “the landlord might not want kids” or “that neighborhood is mostly singles, maybe not ideal for children.” It’s the client’s decision what’s ideal, not yours.

Your job is to present options objectively. For instance, if a high-rise condo allows kids (as it must under law), you should not skip it for a family just because you rarely see children there.

Only omit properties at a client’s request, never because of your own assumptions about familial fit ​empirelearning.com. If a listing truly has an age restriction (55+ community), inform the family upfront; otherwise, assume every listing is open to them.

Watch Your Words and Tone

Don’t make comments that could be seen as expressing bias or concern about kids. Even well-intentioned remarks like “This is a busy street, I’d worry about your toddlers here” or “The neighbors are mostly retired, they value peace and quiet” can send a message that a family isn’t welcome.

While you might think you’re being helpful, it’s safer to stick to property facts. For example, instead of saying “It’s a second-floor unit — are you sure that’s okay with your baby?”, you can mention “It’s on the second floor, just so you know,” and let them decide the significance.

Avoid questions like “How many kids do you have?” in a way that sounds evaluative. It’s fine to ask about a buyer’s housing needs (number of bedrooms, school districts of interest), but be mindful not to pry into family status unnecessarily. A comment such as “Is this place big enough for your family?” directed only at clients with children could be construed as discouraging.

The rule of thumb: treat mentions of children as you would any other neutral criteria once you know them, and never suggest a client might not be suited for a property because of their kids​ empirelearning.com.

Mind Your Advertising Language

When writing listing remarks or rental ads, describe the property, not the people. Do highlight features and amenities (“large backyard with playset,” “finished basement could be used as a rec room”) since those appeal to many, including families. It’s perfectly fine to note nearby schools or parks factually.

Don’t use phrases that imply a preference for or against a certain family structure. Phrases to avoid include: “perfect for singles,” “ideal for empty-nesters,” “adults preferred,” “not suitable for children,” or “seeking mature couple.” Even “family-friendly neighborhood” can be misread; it’s better to say “close to playground and community center” and let the reader infer who might enjoy that. Remember, any explicit limitation or preference regarding children in ads is illegal​ mymetrotex.com.

If you have marketing materials with human models, strive for diversity – for example, include families with kids in some of your imagery, not only adults, to signal inclusivity (and certainly don’t exclusively show only one demographic in a way that implies others aren’t welcome). And always include the Equal Housing Opportunity logo or statement in your advertising as a best practice.

Set Fair Application and Qualification Standards

Whether you’re helping a landlord screen tenants or working with sellers reviewing offers, use uniform criteria. A landlord can require income 3x rent, good references, etc., but those standards must be the same for everyone.

They can’t impose extra hurdles on families (“We need an extra reference if you have kids” – not allowed). Similarly, in sales, every buyer’s offer should be presented objectively; you shouldn’t, for example, highlight a child-free buyer’s offer as “strong” because you assume the closing will be smoother. Treat familial status as entirely irrelevant in all decisions.

If a landlord client is hesitant about a family because of potential noise, remind them that any tenant, child or adult, can potentially be noisy – that’s why leases have behavior clauses. You can’t screen out kids, but you can enforce reasonable noise rules if issues arise, regardless of age.

Keep Property Rules Neutral and Fair

If you manage rental property or advise owners, review all community rules or lease clauses. Ensure they are behavior-based, not status-based ​empirelearning.com.

For example, a rule saying “No bicycling in the parking lot” is fine if it’s a safety issue – and it applies to all residents and guests. A rule that says “Children cannot ride bicycles on the property” is not okay, because it specifically targets kids (and what if an adult wants to ride a bike?). Instead, phrase it as “Bicycles may not be used in the parking lot or walkways by any resident.”

Similarly, instead of “Children must be supervised in the pool,” say “Anyone under 14 must be supervised in the pool” (this focuses on age and safety universally). The idea is to avoid singling out “children” as a group. If a rule only makes sense applied to children (e.g., curfew), think carefully if it’s truly necessary. Often, general noise or safety rules suffice.

If an owner insists on a curfew for minors, it might be enforceable if there’s clear justification, but it’s safer to rely on broader disturbance policies. Also, check that amenities are equally available: for instance, don’t have “adults-only” gym hours in an all-ages property ​humanandcivilrights.delaware.gov.

If safety is a concern with younger teens, perhaps require an adult accompaniment for under a certain age, but never a flat ban on kids where adults are allowed.

Educate Sellers and Landlords (and Say No If Needed)

Perhaps one of the hardest parts of an agent’s job is dealing with a client who wants to discriminate. But it does happen – a landlord might say “I’d rather not rent to someone with kids,” or a seller might make an offhand comment about finding a buyer “like us, you know, no children.” In these moments, it’s critical to speak up. Explain calmly that familial status is protected by law and that you cannot and will not accommodate any such requests​ empirelearning.com.

Often, framing it as a legal requirement takes the personal sting out: “I understand your perspective, but federal law is very clear that we can’t consider whether someone has children. If we did, we could face serious legal consequences. I’m obligated to follow the law and the Realtor Code of Ethics.”

Most reasonable clients will immediately back off when they realize it’s not optional. If a client persists in a discriminatory stance (for instance, a landlord explicitly instructs “no kids, I don’t care”), you should refuse to participate in that transaction. Not only do you risk legal liability by going along, but you also put your license on the line.

It’s better to lose a listing than to violate the Fair Housing Act. Document these conversations in case you need to defend your decision to drop a client. Your broker will likely support you, since no one wants to be on the wrong end of a HUD complaint.

In short, be the knowledgeable advisor – sometimes clients genuinely don’t know the rules and will appreciate you keeping them out of trouble. And if they do know and don’t care, better for you to walk away.

Know the Exceptions but Don’t Abuse Them

As discussed, the main exception to the familial status rule is qualified senior housing. If you’re marketing or managing senior adult communities, follow HOPA guidelines meticulously and advertise truthfully ​empirelearning.com.

Outside of that, assume no other exceptions. (The only other notable one, the “Mrs. Murphy” exemption for small owner-occupied rentals, likely doesn’t apply to you if you’re an agent, since using an agent often nullifies that exemption, and in any case you still cannot advertise discrimination.)

So, operate as though every property must be offered to families on equal terms. In cases where a dwelling unit is part of an age-restricted program (like HUD 202 housing for elderly), make sure you have the documentation and include the proper disclaimers in marketing. This way, you won’t mistakenly discourage or allow families where they actually have a right to live.

Continue Your Fair Housing Education

Fair housing is an evolving area. Stay up-to-date with training (many states include fair housing in continuing education). Read updates from HUD, NAR, and your state Realtor association on any new guidance (for example, recent HUD memos on harassment or policies on occupancy).

Occasionally, regulations and interpretations do get updated – for instance, HUD issued guidance on criminal background screenings and disparate impact, and there are always discussions on occupancy standards, etc. While familial status basics have remained steady since 1988, it’s wise to keep an ear out for any changes (like new state/local protections for families or related issues like marital status or source of income laws).

Being well-informed not only protects you legally but also enhances your credibility with clients. You can confidently answer when a landlord asks, “Can I at least say ‘no teenagers’ for my pool?” (Answer: No, you cannot – that would be a familial status violation, aside from perhaps a reasonable safety rule like no unsupervised swimming for under-14). By knowing the specifics, you can guide clients to compliant solutions rather than just saying “I think that’s illegal.”

Foster Inclusive Marketing and Service

Finally, consider going beyond just avoiding discrimination, and actively welcome all types of clients. Use inclusive language in your marketing like “Equal Housing Opportunity” and show families in a positive light. Ensure your office and team understand that fair housing is everyone’s responsibility, not just a box to check.

Some brokerages do voluntary fair housing audits of their advertisements and applicant inquiries to ensure no biases creep in. These practices not only keep you compliant but can expand your business – families with children are a huge segment of the housing market, after all! By being known as an agent or company that treats everyone fairly, you’ll build trust and referrals across all communities.

Debunking Common Myths about Familial Status

There are a few myths and misconceptions that real estate agents and housing providers sometimes have regarding familial status. Let’s clear those up.

Myth 1: “Adults-Only Advertising is Fine if that’s What the Owner Wants.”

Reality: No, advertising “adults only” or any preference about kids is illegal in almost all cases. Unless it’s a verified senior 55+ property, you cannot publish that limitation​ mymetrotex.com. Even phrasing like “mature community” or "ideal for couples without children" can land you in hot water. Always write ads that welcome all or at least don’t exclude – remember, you can highlight features, not who you think should live there.

Myth 2: “If the complex has mostly older residents, we can quietly avoid renting to young families.”

Reality: Absolutely not. “Adult ambiance” is not a lawful excuse to exclude families. Unless the housing meets the strict senior housing exemption, it must be open to all ages. You can’t enforce an unofficial 40+ or 50+ rule just because the current residents prefer quiet. One complaint can unravel such a practice quickly. It’s better to set expectations (e.g., inform incoming tenants if the community is generally quiet) than to try to bar families. Enforce noise or conduct rules objectively for everyone, not by screening out kids.

Myth 3: “Charging a higher security deposit for tenants with children is just common sense.”

Reality: It’s illegal to penalize someone financially for having kids​ fairhousingnc.org. You must set the same deposit for a unit regardless of whether the occupants are a couple with children or a couple without. The only time deposit might vary is based on number of occupants in general (some landlords might charge per occupant in some locales), but that must be across the board for adults and children alike. You can’t, for instance, charge $100 extra per child if you’re not charging $100 extra per adult occupant beyond the first – and even that kind of policy could be scrutinized if it mostly impacts families. The safest route: one standard deposit or fee schedule for the unit, period.

Myth 4: “I can enforce a strict ‘two heartbeats per bedroom’ rule and never be questioned.”

Reality: While two per bedroom is a good guideline, rigidly enforcing it without exceptions can be problematic. HUD and courts will consider if an occupancy policy is reasonable. If you turn away a family of five for a two-bedroom with large bedrooms because of a blanket policy, you might face a complaint. Always allow some flexibility (for example, an infant doesn’t count, or a third small child in a big bedroom might be fine)​ hopefair.org. And be sure any occupancy policy aligns with local codes and is consistent for all applicants. A landlord can’t approve three adults in a two-bedroom but deny two adults and one child in a two-bedroom – that would clearly be discrimination.

Myth 5: “It’s okay to ask a buyer or renter if they have kids, it’s just friendly conversation.”

Reality: Tread carefully here. While asking about someone’s family isn’t outright forbidden, the context matters. If it’s purely friendly chat after they’ve decided to work with you (“Do you have a family?”), be aware that it could make a client uncomfortable if they fear it will affect your service. It’s usually better to ask “What are you looking for in a home?” and let them volunteer personal details. Directly asking about children during an initial inquiry could appear like you’re profiling them. Some testers are instructed to note if an agent inquires about kids and then see if the treatment changes. To be safe, focus questions on housing needs (e.g., “Do you need a certain number of bedrooms? Do you want to be near schools or work?”). They will mention children if relevant. You can be friendly without digging into protected info. And of course, never write down or convey to others any info like “Client has two kids” in a way that could be used discriminatorily. It should not factor into any decision-making on your part.

Myth 6: “Senior housing can pick whatever age cut-off they want.”

Reality: No, it’s not arbitrary. To legally reject families with kids, a community must fit the HOPA definitions (100% 62+ or 80% 55+) ​empirelearning.com. Sometimes people think a condo association can simply vote to be “40+” or “no kids.” That would NOT qualify under federal law. There’s no recognized 40+ or 50+ exemption – only the two HOPA categories. Any other attempt is discrimination. If you come across a community advertising itself as “adults only” without reference to 55+ or 62+, be wary – they may be violating the law. Always verify a community’s status. If a client asks, “Can we make our new development child-free but for younger adults?” the answer is no. They could market to young professionals in style, but they must allow children. Only legitimate senior communities get an exclusion, and those must follow strict rules (age verification, etc.) ​empirelearning.com.

By dispelling these myths, you can avoid common traps. When in doubt, remember that familial status = kids under 18 in the household. You can’t treat those households worse (or better) than others in any material way.

Fair Housing for Families is Good Business

Familial status may be just one aspect of fair housing, but for the families it protects, it makes all the difference. Compliance isn’t just about avoiding a lawsuit – it’s about ensuring every client, whether a young single professional or a single mom with three kids, has an equal shot at the housing of their choice. By understanding the definition of familial status and the nuances of how discrimination can occur, you’re better equipped to serve your clients professionally and ethically. Always remember to put yourself in the shoes of the client with kids: are they getting the same quality of service and access to properties as anyone else? If you can answer yes, you’re on the right track.

For further reading and official guidance, check out resources like HUD’s fair housing guidelines on familial status and NAR’s fair housing training materials. HUD’s website provides examples of familial status cases and what’s considered discrimination ​humanandcivilrights.delaware.gov ​buildium.com, and NAR’s Code of Ethics is explicit about offering equal service to all ​nar.realtor. When you stay informed, you protect both your clients and your career.

Familial status is a key part of “equal opportunity housing.” Families with children have the right to housing without obstacle or prejudice. As a real estate agent or broker, you play a critical role in upholding that right. By avoiding common pitfalls (no “adults only” ads, no steering, no special hoops for families) and following best practices, you ensure your business stays on the right side of the law. More importantly, you help foster diverse, inclusive communities – and that’s something we can all be proud of.

Everyone deserves a fair chance at finding a home. With a clear understanding of what familial status is under the Fair Housing Act and a commitment to fair treatment, you can confidently navigate transactions involving families and provide outstanding service to all your clients. Happy selling and renting – to all!

To Learn More...

For real estate professionals, understanding these concepts can be particularly valuable during discussions with clients about why REALTORS® and real estate agents are knowledgable professionals.

If you’re preparing for your Real Estate Continuing Education or looking to enhance your knowledge through a Real Estate Course, topics like fair housing and confronting racial discrimination can help set you apart.

As part of your License Renewal Course or other Real Estate CE efforts, staying informed on foundational property concepts can make a big difference in your expertise and client relationships.