HUD Enforces Fair Housing Act Against Landlords for Discrimination Based on Familial Status

HUD recently announced two enforcement actions against landlords who imposed rental policies that restricted the maximum number of children that could reside in residential homes.  HUD referred one case involving apartment rentals in Georgia to an Administrative Law Judge, and entered a consent order in a case involving a single-family home in Idaho.  

The Fair Housing Act prohibits discrimination against individuals and families that fall into certain categories.  Among other things, the Fair Housing Act prohibits discrimination in housing on the basis of familial status, defined to include children under the age of 18 living with a parent, guardian, or other person with custody over the minor child.  

The two enforcement actions involved landlords placing limits on leases for residential units, which resulted in families either being denied housing or being ineligible for housing based on the size of the family.  For example, in the consent order, HUD alleged that the landlord refused to negotiate the rental of a property based on familial status.  HUD further stated in the corresponding press release that the landlord refused to rent a home to a married couple because they had more than four children.  The consent order imposed a $15,000 monetary relief for the violation.