Family status discrimination refers to discrimination against individuals or families based on their family status or composition, such as being married, divorced, single, or having children. This type of discrimination can occur in the areas of housing, employment, and access to public accommodations.
Examples of family status discrimination in housing may include landlords refusing to rent to families with children or charging higher rent to families with children. In employment, family status discrimination may include denying job opportunities or promotions to individuals with caregiving responsibilities.
Who Is Protected from Family Status Discrimination?
Family status discrimination refers to discrimination against individuals or families based on their familial status, such as being pregnant, having children, or being of a certain age (such as being over the age of 55). Under fair housing laws, individuals and families are protected from discrimination based on their familial status.
The Fair Housing Act (FHA) is a federal regulation that prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. The FHA applies to the sale, rental, and financing of housing, and it applies to both public and private housing. The FHA also prohibits discrimination in advertising, making it illegal to make statements that indicate a preference for or against certain groups of people.
Equal Opportunity Housing is a term that refers to the right of all individuals and families to have equal access to housing without discrimination. This includes the right to choose where they want to live and the right to be treated fairly during the rental or purchase process. Under fair housing laws, landlords and property owners must provide equal housing opportunities to all individuals and families, regardless of their familial status.
It’s important to note that some states and municipalities have their own fair housing laws that may provide additional protections beyond those provided by the FHA. Additionally, the Americans with Disabilities Act (ADA) also applies to housing, and it prohibits discrimination against individuals with disabilities.
In summary, the Fair Housing Act protects individuals and families from discrimination based on familial status and other protected classes, and Equal Opportunity Housing ensures that all individuals and families have equal access to housing without discrimination. Landlords and property owners must abide by these laws and provide equal housing opportunities to all individuals and families.
How Do I Recognize Family Status Discrimination?
Recognizing family status discrimination can be difficult, as it may not always be overt or obvious.
However, there are some common signs to look out for:
- Refusal to rent or sell: Landlords or property owners may refuse to rent or sell a property to individuals or families based on their familial status.
- Different terms and conditions: Landlords or property owners may offer different terms and conditions to individuals or families based on their familial status.
- Steering: Landlords or property owners may steer individuals or families based on their familial status to certain neighborhoods or buildings.
- Harassment: Landlords or property owners may harass or make negative comments about individuals or families based on their familial status.
- Different application process: Landlords or property owners may have different application processes for individuals or families based on their familial status.
- Advertising that indicates a preference or discrimination: Landlords or property owners may advertise a preference or discrimination based on familial status.
It’s important to note that discrimination can happen at any stage of the rental or purchase process, and it can be subtle or disguised as something else. If you suspect that you have been a victim of family status discrimination, it’s important to document any evidence and contact the appropriate authorities, such as the Department of Housing and Urban Development (HUD) or a fair housing organization.
How Do I File a Complaint for Housing Discrimination?
If you believe you have been a victim of housing discrimination, you can file a complaint with the appropriate authorities.
Here are the steps to take to file a complaint:
- Gather evidence: Collect any relevant documents, such as rental applications, correspondence with the landlord or property owner, and any other evidence of discrimination.
- Contact the appropriate agency: Depending on the type of discrimination and the location of the housing, there are different agencies that handle housing discrimination complaints. The Department of Housing and Urban Development is a government agency that handles complaints of discrimination based on race, color, national origin, religion, sex, familial status, and disability. State and local fair housing organizations may also handle complaints.
- Fill out a complaint form: The agency you contact will provide you with a complaint form to fill out. This form will ask for information about the discrimination, such as when and where it occurred, who was involved, and what evidence you have.
- Submit your complaint: Once you have completed the complaint form, submit it to the appropriate agency along with any evidence you have collected.
- Wait for a response: The agency will review your complaint and may contact you for more information. They will also investigate the complaint and may take further action, such as mediating a settlement or referring the case for a hearing.
It’s important to note that the time frame for complaint filing varies depending on the state and federal laws, but it’s usually within one year after the alleged discriminatory housing practice occurred.
If you have any difficulties or questions, it’s advisable to contact a fair housing organization or attorney for assistance.
Do I Need a Lawyer If I am a Victim of Family Status Discrimination?
If you believe you have been a victim of family status discrimination in housing, you may be wondering whether you need a real estate lawyer.
While it is possible to file a complaint with the appropriate authorities and pursue a case on your own, there are several reasons why it may be beneficial to hire a lawyer, such as:
- Knowledge of the law: A lawyer who specializes in fair housing and discrimination law will have a deep understanding of the laws and regulations that apply to your case. They will be able to advise you on your rights and the best course of action to take.
- Evidence gathering: A lawyer can help you gather and preserve evidence of discrimination, such as rental applications, correspondence with the landlord or property owner, and any other relevant documents. They can also interview witnesses and gather additional evidence that may be helpful to your case.
- Representation in court: If your case goes to court, a lawyer can represent you in court and help you navigate the legal process. They will be able to advocate for your rights and interests, and they will have the skills and experience to present your case in the most favorable light.
- Settlement negotiation: A lawyer can also help you negotiate a settlement with the landlord or property owner. They will be able to advise you on the strengths and weaknesses of your case and help you to get the best outcome possible.
- Relief and Damages: If you win your case, a lawyer can help you to get relief and damages, such as monetary compensation for damages, injunctive relief, and other forms of relief that may be available.
It’s important to note that not all lawyers are well-versed in fair housing laws and discrimination, so it’s important to find a lawyer who has experience and knowledge in this area. A real estate lawyer with experience in fair housing laws would be the best fit.
It’s also important to be aware that some lawyers may work on a contingency fee basis, which means they will only get paid if they win your case.
In conclusion, while it is possible to file a complaint and pursue a case on your own, hiring a lawyer who specializes in fair housing and discrimination law can provide you with the knowledge, experience, and representation you need to get the best outcome possible.
If you believe you have been a victim of family status discrimination, it’s important to contact a real estate lawyer as soon as possible to discuss your options and to protect your rights.
