What is fair housing?family photo

Fair housing is the right to choose housing free from unlawful discrimination. The federal Fair Housing Act (FHA) and Ohio laws protect people from discrimination in housing based on the following protected classes: race, color, religion, national origin, sex, familial status, disability, ancestry and military status. Discrimination is illegal in housing transactions such as rentals, sales, lending, and insurance.

It is Illegal to Refuse to Rent to Someone Because of the Presence of Children in the Household

If a housing provider refuses to rent or sell a covered unit, requires a higher security deposit, charges additional fees, limits the use of facilities, or limits families to floors or buildings, that could be discrimination. Housing discrimination is against the law. The only way to stop discrimination is to report it.

Commonly Asked Questions and Answers

What does the phrase “familial status” mean?

“Familial status” means the presence of children under 18 in the household. This includes pregnant women and persons in the process of adopting or securing custody of child/children. Children include foster children and grandchildren as long as the person has legal custody or written permission.

What actions does the law prohibit?

The law prohibits actions such as denying housing, limiting access to housing, discouraging home seekers, or creating different rules, fees or standards because the family has or is expecting a child/children.

Does this mean that a landlord must rent to or cannot evict any household with children?

No. A housing provider has the right to refuse rental applications or evict tenants based on objective criteria, such as credit history or bad tenant history. A housing provider should establish qualification standards and apply them equally to each household, whether or not it has children.

May a landlord make rules about how children should behave?

Reasonable rules are appropriate. Here are some general guidelines:

• Rules should apply to all tenants and not just children.
• Rules should address behavior, not status, and should not be so restrictive that families with children do not get equal use and benefit of the housing.

May a landlord decide which units are better for families with children?

No. Landlords must give applicants objective information about what units are available and allow applicants to determine which unit is suitable for their household.

May a landlord set limits on the number of occupants?

A housing provider has the right to establish reasonable occupancy standards. Some restrictive occupancy limits have the effect of discriminating against families with children. As a general guideline, any such limit should not be more restrictive than two persons per bedroom, and should consider the size and configuration of rooms and total livable space. A maximum of two persons per bedroom may be unreasonably restrictive depending on all the circumstances viewed as a whole. Rules allowing fewer than two persons per bedroom are presumed unreasonable.

Is there any type of housing that may prohibit families with children?

Communities that qualify for the “Housing for Older Persons” exemption under the Fair Housing Act are permitted to exclude families with children under the age of 18. These communities must meet all the requirements of the exemption: In housing for persons 62 or older, every resident must be 62 or older; and in housing for persons age 55 or older, 80% of the units must have at least one person age 55 or older, and the community must meet other requirements, including completing surveys.

In some circumstances, the Fair Housing Act exempts owner-occupied buildings with no more than four units

Signs of Possible Discrimination

• Families with children are limited to certain buildings or to the first floor.
• Occupancy is limited to one person per bedroom.
• The housing provider refuses to sell, rent, or show available housing after learning that you have children.
• The terms and conditions of a lease or agreement are different for families, such as lease terms that strictly limit children’s activities on the property or charge a higher security deposit.
• Statements are made that the dwelling would not be suitable for your family, that your children won’t be safe, or that the neighbors do not want you there.
• The availability changes between a phone contact and an in-person visit.
• Advertisements express a preference for singles or couples.