Familial and Parental Status Discrimination

As a tenant in Chicago, it is important to understand your rights when it comes to familial and parental status discrimination. This type of discrimination refers to unfair treatment based on whether or not you have children, how many children you have, or if you are pregnant. Fortunately, both federal and local laws protect against this type of discrimination.

Who is legally protected against familial status discrimination?

• A parent
• A person with legal custody of a minor or disabled child or children
• The designee of the parent or legal custodian with the parent or custodian’s written permission
• Pregnant women
• Anyone securing legal custody of a child under age 18, including foster parents

Fair Housing law prohibits the following acts:

• Discrimination in the terms and condition of any real estate transaction, including residential leases, based on family status, including the number or ages of children.
• Charging a higher rent or security deposit based solely on the fact that they have children.
• Publishing, circulating, issuing or displaying any notice, advertisement, sign, or other writing that discriminates against families in connection with any real estate transaction, including residential leases.
• Refusing to show any residential property, which is listed for rental or for sale, on the basis of family status.
• Knowingly representing that a residential unit for sale or rental is not available for inspection, sale, rental, or lease, when such property is in fact available to other individuals whose family status is different.
• Restricting families with children to certain floors or areas
• Requiring families to segregate children by sex
• Unreasonable rules and restrictions on children (like pool restrictions or no playing outside)
• Unreasonable occupancy standards
  • Two persons per bedroom is often used as a rule of thumb, but reasonableness also depends on size and layout of the unit
  • Check local ordinances and codes

When can a landlord lawfully deny housing to a family?

• A landlord can lawfully deny housing to a family if the family’s size would violate the occupancy requirements under municipal codes, if those codes are reasonable. Often, it takes the filing of a complaint to determine what is reasonable.
• Under the federal Housing for Older Persons Act, landlords can lawfully deny housing to a family if the housing follows these conditions:
  • The Secretary of HUD decided that the building was designed and operated to assist the elderly; or
  • Housing is for and solely occupied by persons 62 years or older; or
  • Housing is for people who are 55 years of age or older per unit and at least 80 percent of the units are so-occupied.