Familial Status

Definition

Familial Status: Familial status refers to the makeup of a person’s household, particularly relating to marital status and the presence of children (either existing or on the way). This definition encompasses various family dynamics, such as a single parent with children, married couples with children, and pregnant women. Under the Federal Fair Housing Law and the Fair Credit Reporting Act, this status is protected to prevent discrimination.

Examples

Rental Application: A landlord cannot deny a rental application solely because the applicant is a single parent with two children.
Home Purchase: A real estate agent cannot refuse to show homes to a young couple because the wife is pregnant.
Credit Reporting: Credit agencies cannot alter scores based on the presence of children in a household, as this could affect familial status.

Frequently Asked Questions

Q1: What protections does familial status provide? A1: Familial status protections ensure people are not discriminated against in housing decisions based on the presence of children or a pregnant status, shielding them from unfair denial of rental accommodations or real estate purchases.

Q2: Who is considered to be under familial status protection? A2: Individuals under the age of 18 living with a parent or legal guardian, pregnant women, and those in the process of receiving custody of a minor are all protected under familial status.

Q3: Can a landlord impose restrictions on families with children? A3: Landlords can impose reasonable restrictions for safety factors, such as limiting the number of occupants per bedroom, but they cannot outright deny rental based on familial status except in specific, allowable scenarios such as under a Housing for Older Persons Exemption.

Q4: What laws support familial status protections? A4: The Federal Fair Housing Law and the Fair Credit Reporting Act are two primary laws guaranteeing protections for familial status in housing and credit reporting.

Federal Fair Housing Law: Legislation that prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, or disability.
Fair Credit Reporting Act (FCRA): A federal law aimed at ensuring accuracy, fairness, and privacy of information in consumer credit agency files.
Housing Discrimination: Treating someone unfavorably in housing transactions due to attributes like race, color, religion, sex, familial status, national origin, or disability.
Tenant Rights: Legal rights granted to renters concerning their living conditions, lease arrangements, and nondiscrimination.
Rental Application: A form tenants complete when applying to lease a property, checked for criteria relevant to the lease agreement.

Online Resources

U.S. Department of Housing and Urban Development (HUD) - Provides information on fair housing rights and how to file complaints.
National Fair Housing Alliance (NFHA) - Offers resources for understanding fair housing laws and patterns of discrimination.
Fair Credit Reporting Act (FCRA) Summary - Detailed primer on the FCRA, its protections and requirements.
Lawyers.com on Landlord-Tenant Laws - Comprehensive resource on state-specific landlord-tenant regulations and protections.

References

Title VIII of the Civil Rights Act of 1968 (Fair Housing Act): Establishes legal grounds for protecting potential tenants and buyers against discrimination based on familial status.
Section 202 of the Housing for Older Persons Act (HOPA) of 1995: Amendments relating to exemptions under the Fair Housing Act for elderly housing.

Suggested Books for Further Studies

“The Fair Housing Act: A Handbook for Attorneys and Advocates” by the American Bar Association - A comprehensive guide supporting legal professionals.
“Fair Housing Act Design and Construction Requirements: A Compliance Guide for Multisectoral Stakeholders” by the International Code Council - Detailed requirements and compliance solutions.
“Everyday Law for Landlords and Property Managers” by David Brown - Practical guide emphasizing compliance with housing laws and fair treatment principles.

Real Estate Basics: Familial Status Fundamentals Quiz

### What is familial status according to Federal Fair Housing Law? - [ ] It refers primarily to a person’s race or ethnicity. - [x] It relates to the presence or expected presence of children in the household. - [ ] It concerns the income level of a household. - [ ] It is based on a person's employment status. > **Explanation:** Familial status under the Federal Fair Housing Law is based on the presence of children under 18, whether current or expected. ### Who does the familial status protection cover? - [ ] Only children under 12 - [ ] Only parents with more than two children - [x] Individuals under 18, pregnant women, and those obtaining custody - [ ] Only married couples with children > **Explanation:** The term covers individuals under 18 living with parents or guardians, pregnant women, and those gaining custody. ### Can a landlord legally refuse to rent to a single parent with children due to familial status? - [ ] Yes, landlords can choose tenants freely without consequence. - [ ] It depends on the state. - [x] No, it is illegal discrimination under familial status protections. - [ ] Only if there are suitable single-family homes nearby. > **Explanation:** Refusing to rent based solely on a tenant’s status as a single parent is against federal familial status protections. ### Are there any exceptions to familial status protections under the Fair Housing Act? - [x] Yes, for housing designated for older persons. - [ ] No, it applies universally without exceptions. - [ ] Yes, for urban properties only. - [ ] Yes, but only in rare cases of luxury rentals. > **Explanation:** Designated elderly housing under specific acts like HOPA can be an exception to familial status protections. ### How should a property manager treat a rental inquiry from a pregnant woman under familial status rules? - [ ] Charge a higher rent due to increased wear-and-tear. - [x] Treat her the same as any other potential tenant without discrimination. - [ ] Require additional fetal health documentation. - [ ] Refer her to local family housing services exclusively. > **Explanation:** Pregnant women are protected under familial status and should not face discrimination or special conditions. ### Can familial status protection affect one's credit score? - [ ] Yes, credit agencies track family size. - [ ] Credit scores are generalized and unaffected by household makeup. - [x] No, FCRA prevents score alteration based on familial status. - [ ] Only if multiple children are involved. > **Explanation:** The Fair Credit Reporting Act ensures credit scores cannot be modified based on familial status. ### What kind of restrictions can landlords place under familial status protections? - [x] Reasonable occupancy limits for safety. - [ ] No restrictions whatsoever. - [ ] Special pet approval processes. - [ ] Exclusive single adult rent quotas. > **Explanation:** Landlords can enforce fair and lawful occupancy limits to ensure safety but cannot impose limitations based on familial status. ### Aside from tenants with children, who else is specifically covered by familial status? - [ ] Only widowed individuals. - [x] Pregnant women and those obtaining custody. - [ ] Single individuals without children. - [ ] Elderly couples with grandchildren. > **Explanation:** Pregnant women and individuals in the process of obtaining custody are covered. ### Which legislation highlights familial status protections primarily? - [ ] Civil Rights Act of 1964 - [ ] Rehabilitation Act of 1973 - [x] Fair Housing Act - [ ] Title IX > **Explanation:** The Fair Housing Act protects familial status in housing contexts. ### What shows a property manager’s understanding of familial status protections? - [x] Ensuring rental practices uniformly avoid discrimination based on children's presence. - [ ] Prioritizing single tenants to reduce maintenance costs. - [ ] Segregating tenants to minimize family disruptions. - [ ] Applying additional charges to family-tenants for extra services. > **Explanation:** Property managers must ensure rents and policies do not discriminate against families with children, upholding familial status rights.