How Hard Is It To Prove Familial Status Discrimination?
It's sad but true that people will discriminate against other people based on just about anything. One common form of discrimination that isn't talked about as often is familial discrimination. This is when a landlord refuses to rent to people with children or set special rules for parents (e.g. charge higher rents). As you can imagine, this can make life unnecessarily difficult for parents. However, proving a familial status discrimination case can be challenging. Here's what you need to know.
Some Housing Developments are Excluded
Anyone who rents a home or apartment to the public must obey the rules set by the Federal Housing Authority (FHA), which includes abiding by anti-discrimination laws. Any landlord found in violation of FHA rules may be fined by agency, lose their ability to own rental property, and/or be sued by government and the affected individual. FHA prohibits discrimination against people in several protected categories, and one of those categories includes familial status.
However, not all residential establishments are required to abide by all the rules. Some facilities are excepted, and one type of housing that doesn't have to abide by laws forbidding discrimination based on familial status are senior housing facilities. These facilities are allowed to implement age restrictions and require residents to be at least 55 or older to rent an apartment at the property. Additionally, they're typically allowed to decide whether children are allowed on the property at all or restrict when kids can be there and for how long.
Therefore, if you are turned down for housing by a facility that only rent to seniors, you won't be able to collect compensation for damages. The only way you may have a case is if the landlord claims to be a senior facility but doesn't actually comply with the rules of the program. In this case, you would need to supply the court with evidence the landlord is only using the senior-housing designation as an excuse to discriminate against families (e.g. the landlord rents to young couples without children).
Special Rules Based on Safety are Allowed
Another thing you need to be aware of when considering bringing a familial status discrimination case against a landlord is that landlords are allowed to make special rules for parents as long as those rules are designed to protect the health and safety of children.
For example, the landlord can prohibit children under a certain age from visit the onsite gym facilities without a parent. This is because children can hurt themselves using the equipment typically found in a gym. By requiring a parent to be present, the landlord reduces the risk of injury to children and a lawsuit.
However, rules and policies can be unintentionally discriminatory even if they weren't intended that way. If the overall effect of the policy or rule results in a group of people being effectively barred from renting homes or using a facility because of their protected status, then the landlord may still be guilty of violating anti-discrimination laws.
A landlord has a policy of charging people with children higher deposits, for instance. If the policy results in a marked decline of parents renting from that landlord, his or her policy can be seen as unintentionally discriminatory and the landlord could still be held responsible for damages.
It's important to review the landlord's policies with an attorney who can help you determine whether they are valid or not. If it appears the landlord is actively or unintentionally discriminating against you because of your familial status or the presence of kids in your life, the attorney can help you put together a case that may end with the landlord compensating you for your expenses and losses.
For more information about this issue or help with a case, contact a civil rights attorney, like one from Law Offices Of Timothy O'Brien.