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Familial Status Protections

Familial Status Protections in Housing

Families with children are protected under fair housing laws. Housing providers may not treat families with children differently or deny housing because children will live in the home.

Under the Fair Housing Act and Indiana civil rights laws, familial status is a protected class. This protection helps ensure that families with children have equal access to housing opportunities.

What Is Familial Status?

Familial status refers to households that include:

  • One or more children under the age of 18 living with a parent or legal guardian
  • A person who is pregnant
  • A person in the process of obtaining legal custody of a child

These protections apply to families who are renting or buying housing.

Examples of Familial Status Discrimination:

Familial status discrimination may occur when housing providers treat families with children differently than other applicants or tenants.

Examples may include:

  • Refusing to rent or sell housing to families with children
  • Advertising housing as “adults only”
  • Limiting families with children to certain units or floors
  • Charging higher fees or deposits because children will live in the home
  • Steering families with children to certain buildings or areas

Housing providers must apply rules and policies consistently to all tenants.

Occupancy Standards:

Housing providers may establish reasonable occupancy standards that limit the number of people who can live in a housing unit.

These standards must be applied fairly and may not be used as a way to exclude families with children.

When determining reasonable occupancy limits, housing providers may consider factors such as:

  • The size of the unit
  • The number of bedrooms
  • Health and safety codes

Occupancy standards should not unfairly restrict families from accessing housing.

Housing for Older Persons:

Some housing communities may be exempt from familial status protections if they qualify as housing for older persons.

These communities are designed specifically for older adults and must meet certain requirements under federal law.

Examples may include housing intended for individuals who are 55 years of age or older.

Communities that qualify for this exemption must meet specific legal criteria.

If You Believe Your Rights Were Violated

If you believe you were denied housing or treated differently because of a disability or a request for an assistance animal, you may be able to file a discrimination complaint.

The Indiana Civil Rights Commission investigates complaints involving discrimination in housing, employment, education, credit, and public accommodations.

To learn more about filing a complaint, visit the How to File a Discrimination Complaint page.