August 2023 - Families with Children
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Welcome Note
Welcome Back! In honor of Back-to-School, we thought we’d focus this month’s newsletter on Families with Children and the protections afforded them under the Fair Housing Act. Families with Children is one of the more confusing and often asked about protections. However, because it is misunderstood, it continues to be one of the least represented protected classes when it comes to filing complaints and litigation. Families with Children under the age of 18 cannot be denied housing or given different terms and conditions simply because they have minor children.
Fair Housing & Families with Children
In 2021, Familial Status claims of discrimination totaled 2,261, making it the third least frequent basis for complaint. (1)
In the 2022 Fair Housing Trends Report, the term ‘familial status’ is only mentioned 3 times, making it the least discussed protected class throughout the report. (2)
The often believed “Two Heartbeats per Bedroom” rule is not recognized by the Fair Housing Act as binding law, but is instead a general rule of guidance.
The Keating Memo of 1998 advises that occupancy decisions need to factor in the size of the bedrooms and unit, ages of the children, configuration of the bedroom and unit, and other relevant factors, including pretextual discriminatory statements and policies. (3)
Oftentimes, Building Codes are used as a reason to deny families with children, but when measured against the protections of the Fair Housing Act, the building codes themselves may actually be promoting differential treatment, and thus are in violation of the Fair Housing Act.
55+ communities are not required to accept families with children. The 80/20 rule does not require these communities to leave open 20% of their homes to families with children, but merely allows them to do so if the certified 55+ community determines such a policy and practice. (4)
Familial Status protections include pregnant and expecting families, families in the process of adoption, or families securing custody of a child.
Familial Status protections include all shapes and sizes of families with children under the age of 18, be it through adoption, Grandparents with custody, and legal Guardians.
https://nationalfairhousing.org/wp-content/uploads/2022/11/2022-Fair-Housing-Trends-Report.pdf
Id.
https://www.hud.gov/sites/documents/DOC_7780.PDF
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0760/Sections/0760.29.html
So What Does It All Mean?
Because of the confusion surrounding Familial Status protections, many families are unaware of their rights and therefore fail to exercise them.
These families are then left to find housing in a limited pool of vacancies and neighborhoods.
Oftentimes, families who rent are forced to do so in neighborhoods that are not convenient to work, or where education choices are minimal.
Communities become more segregated based on tenants with and without children, impacting the types of services and resources available in communities.
What Can We Do?
Invite us to come speak and present to your staff and communities, so that families and their advocates are more equipped to know and exercise their rights.
Contact your local Fair Housing Initiative Project (FHIP) for assistance with navigating lawful protections and the complaint process so that:
Denied families do not walk away from rightful housing opportunities.
Landlords, Property Managers, and HOAs are properly informed of the rights and protections of all residents.
When necessary, an Administrative Complaint is properly filed, identifying standing, jurisdiction, and timeliness.
Community Outreach
Upcoming Outreach Events
September 7 - AAGO Fair Housing and Beyond in Orlando
September 28 - Big Brothers Big Sisters’ Fair Housing Workshop
What We’ve Been Up To
Enlace Latino Facebook Live: On August 2, we were guests on North Carolina’s Enlace Latino podcast where we discussed the new Florida immigration law and how it impacts families and households, and how it can also affect other areas of law such as Fair Housing and Domestic Violence. You can watch the whole episode in Spanish below.
https://fb.watch/mDfm8ZwBtb/
Palatka PAL Back to School Event: This month we had several back to school initiatives happening around our service area. On August 5th, Pia participated in PAL’s back to school event in Palatka serving around 400 participants. Pia was able to hand out resource material regarding Fair Housing information and free books to the first 25 participants.
Peaceful Paths’s Back to School Drive: Pia helped Peaceful Paths execute their annual back to school backpack drive. Pia was able to help stuff the backpacks with Fair Housing information for parents. She also participated in making sure all the families enrolled in the program got their supplies. We are looking forward to more collaborations with Peaceful Paths this year!
Neighborhood Housing and Development Corporation New Home Buyers Course: This month our Project Manager, Joseph Cordova, started back again at the NHDC’s monthly homebuyer’s courses. It's always a pleasure to see everyone attending the courses and discussing Fair Housing laws and protections with the community and students.
Family Engagement and Resource Expo
Erika was able to join other advocates from Florida Legal Services at the Family Engagement and Resource Expo on August 26, 2023. Attendees received school supplies, and were able to connect with community resources to receive valuable information. Erika spoke to attendees and distributed brochures on fair housing protections.
State & Nationwide Legal Update
On July 17, 2023, the United States filed a Fair Housing Act complaint in United States v. Teruel (N.D. Cal). The complaint alleges that the manager of a two-story, seven-unit apartment complex in Burlingame, California, discriminated on the basis of familial status in violation of 42 U.S.C. §§ 3604(a), (b), (c) and 3617 by pressuring a couple, who had two babies during their tenancy, to move out of their one-bedroom apartment and then falsely accusing the family of causing significant damage to the unit after the family moved out. The case was referred to the Division after the U.S. Department of Housing and Urban Development received a complaint, conducted an investigation, and issued a charge of discrimination.
On May 18, 2023 in North Dakota – A family that was forced from their townhome due to the birth of an additional child settled its complaint for unlawful housing discrimination, with assistance from High Plains Fair Housing Center. The U.S. Department of Housing and Urban Development has issued a conciliation agreement that requires the owner, Affordable Housing Developers, Inc., to pay $100,000 to resolve the claim, attend fair housing training and distribute information to their tenants about the Fair Housing Act. Respondents deny that they have engaged in any discriminatory acts, and expressly deny all liability, but entered into the agreement to settle the matter. The housing discrimination complaint asserted that the landlord discriminated based on familial status, in violation of federal and state law, by enforcing unreasonable occupancy standards. Affordable Housing Developers non-renewed the family’s lease and served a notice to vacate their townhome in Mandan, ND, after the mother reported the birth of a child.
https://www.highplainsfhc.org/press
The federal Fair Housing Act (FHA) protects you from discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status. This applies to renting, buying, mortgages, appraisals, insurance, and looking for a place to live.
IF YOU THINK YOU’VE BEEN THE VICTIM OF HOUSING DISCRIMINATION, PLEASE CONTACT US AT:
407-801- 4224
850-680-1729 (Spanish)
fairhousing@floridalegal.org
www.floridalegal.org/fairhousing
The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government.