No. Under the federal Fair Housing Act a landlord may not refuse to rent, set different terms or advertise a preference because a household includes children under 18, someone pregnant or someone securing custody. Housing for older persons that meets the 55+ or 62+ rules is exempt, and reasonable occupancy limits still apply. This is information, not legal advice.
What does familial status mean in fair housing law?
Familial status is the protected class for households with children. The Fair Housing Act defines it as one or more people under 18 living with a parent, a legal custodian, or someone with the custodian's written permission. The protection also covers anyone who is pregnant or in the process of getting custody of a child, so a couple expecting a baby is covered before the baby arrives.
The rule itself is in 42 U.S.C. 3604. It is unlawful to refuse to rent or negotiate, to set different terms or privileges, or to publish a notice, statement or ad that indicates a preference, because of familial status.
What counts as refusing a family with children?
A flat "no kids" is the obvious case. Most complaints are quieter. The New Jersey Department of Community Affairs lists three versions of the same violation: refusing to rent to a family with children, allowing families only in certain buildings or on certain floors, and charging families higher security deposits. Each one fails under the federal rule as well.
Other patterns that read as refusal:
- Telling a parent the unit is taken when it is still listed.
- Steering families to the ground floor or away from a quiet building.
- Pool, yard or quiet-hours rules written only for children.
- Listing words such as "ideal for a single professional" or "no children."
- A cap on children per unit rather than on people per unit.
The scale is not small. The National Fair Housing Alliance counted 32,321 housing discrimination complaints in 2024, one of the highest totals in more than two decades. For the listing side, see our guide to fair housing words to avoid in a rental listing.
Can a building be adults-only?
Only if it qualifies as housing for older persons. Under 42 U.S.C. 3607(b), the familial status rules do not apply to housing intended for and solely occupied by people 62 and over, or to housing operated for people 55 and over where at least 80 percent of occupied units have one occupant 55 or older, the community publishes and follows policies showing that intent, and it verifies ages. A regular building that simply prefers adults does not qualify, and calling it an "adult community" in an ad does not make it one.
Can a landlord limit how many people live in the unit?
Yes, if the limit counts people, not children, and it is reasonable for that unit. The Act leaves room for reasonable local, state or federal occupancy limits. HUD's occupancy policy, published in the Federal Register on December 18, 1998, treats two people per bedroom as a general rule that can be rebutted by room size, a den or the age of a child. Our post on the rental occupancy limit per bedroom walks through HUD's examples.
Can a Canadian landlord refuse a family with children?
No. In Ontario, family status is a ground under the Human Rights Code, and the Ontario Human Rights Commission names persons-per-bedroom ratios as a place barriers show up. In British Columbia, section 10 of the Human Rights Code bars denying a tenancy because of family status, with an exemption for buildings where every unit is reserved for people 55 and over.
Where does this go wrong in practice?
In the first reply. A parent texts "is the two-bedroom OK for me and my three kids?" and whoever answers says "the upstairs neighbor works nights, it might not be a fit." Nobody wrote that rule down, and nobody said it to the couple who asked an hour earlier. The fix is a written answer to the occupancy question for each unit, given to everyone the same way.
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Families with children and rentals: FAQ
Can a landlord ask how many children an applicant has?
Ask how many people will live in the unit, which a reasonable occupancy limit needs. Asking about children specifically, their ages or plans for more invites a familial status claim, because the answer has no lawful use beyond the head count.
Can a landlord charge a higher deposit for families with children?
No. A higher deposit because of children is a different term based on familial status. New Jersey's housing agency lists it as an example of discrimination, and the federal rule bars different terms or conditions on the same basis.
Can a landlord keep families on the ground floor?
No. Limiting families with children to certain buildings or floors is one of the examples New Jersey's housing agency gives of unlawful discrimination. Offer every unit that fits the household's size to every household.
Is a pregnant applicant protected?
Yes. The federal definition extends familial status to anyone who is pregnant or securing custody of a child under 18, so the protection starts before the child arrives.
