Fair Housing & Familial Status: What You Should Know

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If you think your housing rights were violated, reflect and document: • What happened? • Who was involved? • Where did it happen? • When did it happen?

Prepared by: Community Development Department, City Of Decatur, Alabama. For more information on Fair Housing or on how to file a complaint, contact the Fair Housing Center of Northern Alabama, Birmingham, AL, at 866-740-1040 or www.fhcna.com. Sources: www.justice.gov/crt/housing/housing_coverage.php and www.HUD.gov

What to Tell HUD: • Your name and address • The name and address of the person your

complaint is against (the respondent)

• The address or other identification of the

housing involved

• A short description of the alleged violation

(the event that caused you to believe your

rights were violated)

• The date(s) of the alleged violation


The only exemption to familial status protection is designated housing for older persons as defined as:

HOUSING PROVIDERS MUST GIVE FAMILIES WITH CHILDREN RIGHTS EQUAL TO OTHERS TO LIVE IN THEIR HOUSING AND THE PROVIDERS MUST NOT PROVIDE LESS FAVORABLE TREATMENT TO FAMILIES.

100% of units are occupied by those 62 or older OR ALL OF THE FOLLOWING CONDITIONS APPLY

80% or more of units are occupied by at least one person who is 55 or older AND the community adheres to a policy that demonstrates intent to house older persons AND the community complies with rules

Familial Status: What you should know

established by the Department of Housing and

It is illegal to treat families with children under the age

occupancy.

Urban Development for verification of

of 18 differently in housing transactions. This includes a prohibition on advertising “no children” in ads or to

Unless a building or community qualifies as

maintain a practice of turning away or treating families

designated housing for older persons, a housing

with children differently.

provider may not discriminate based on familial

What are the ways that a family might be treated unfairly?

status.

“Familial status” is defined as any household with one or more children under 18, including:

RESTRICTIVE RULES OR POLICIES AIMED AT FAMILY • Denying children access to recreational or other

• Requiring adult supervision of children when outside

• Pregnant women

• Foster children

• Not allowing a family to rent a unit or noting that a unit

• Grandparents raising their grandchildren

homes and only live there part-time

• The designee of the parent/legal custodian,

with the parent’s or custodian’s written

permission • Anyone securing legal custody of a child

under 18

their apartment

REFUSAL TO RENT

• Adopted children • Children who split time between parents’

amenities within the complex

is unavailable because of its location within the

complex. For example, a family cannot be denied a

unit because it is in a certain section or on a particular

floor of the complex.

OCCUPANCY RESTRICTIONS • Restricting the number of persons per bedroom (such

as one person) can be viewed as potentially unfair for

families with children.


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