Family Status Discrimination

[noisefrazzle]

What is the name of your state? CT

Hi All:

Entirely hypothetical questions regarding family status. It's my understanding - please correct me if I am wrong - that family status is a protected category. Is it protected across the board though, or only in specific circumstances such as employment dealings and rental law? I know I cannot refuse to rent to people with children simply because they have children, but if I want to open an "adults only" restaurant or resort, is that allowed?

And, second question, does "family status" only mean "people with children?" If I cannot refuse to rent to someone with children, could someone legally refuse to rent to me because I don't have children?

Just curious, so thanks to anyone who takes the time to address this.

 

[racer72]

It's my understanding - please correct me if I am wrong -

You're wrong. The ADA doe not list family status as a protected class. Protected classes of citizens is color, sex, national origin, age, and religion. Also, depending on your state laws, sexual orientation. The ADA also includes access to public accomodations, rental homes do not apply.

 

[You Are Guilty]

You're wrong. The ADA doe not list family status as a protected class. Protected classes of citizens is color, sex, national origin, age, and religion. Also, depending on your state laws, sexual orientation. The ADA also includes access to public accomodations, rental homes do not apply.

Uh, he's asking about the FHA, not ADA.

OP, straight from the Dept. of Justice:

The Fair Housing Act, with some exceptions, prohibits discrimination in housing against families with children under 18. In addition to prohibiting an outright denial of housing to families with children, the Act also prevents housing providers from imposing any special requirements or conditions on tenants with custody of children. For example, landlords may not locate families with children in any single portion of a complex, place an unreasonable restriction on the total number of persons who may reside in a dwelling, or limit their access to recreational services provided to other tenants.

In most instances, the amended Fair Housing Act prohibits a housing provider from refusing to rent or sell to families with children. However, some facilities may be designated as Housing for Older Persons (55 years of age). This type of housing, which meets the standards set forth in the Housing for Older Persons Act of 1995, may operate as "senior" housing.

 

[cbg]

In my state, family status is protected for housing but not for employment. State laws vary.

BTW, the ADA is the Americans with Disabilities Act and does not have anything to do with family status discrimination. Perhaps you mean the EEOC?

 

[noisefrazzle]

Thanks for the responses, everyone. I guess I'm right then that family status protection is only afforded to those with children? If I were to try and rent and was told, "we prefer people with children, so we are not renting to you" that would be legal?

 

[cbg]

Family status protection does not always protect ANYONE.

Sorry, forgot the link.

http://www.ctfairhousing.org/Brochures/generalbrochure.doc