Fair Employment and Housing Act - Familial Status

Discrimination

The Fair Employment and Housing Act prohibits discrimination in all aspects of housing (rental, lease, terms and conditions, etc.) because of the presence of children in the household (familial status).

Familial status is defined as having one or more individuals under 18 years of age who reside with a parent or with another person with care and legal custody of that individual (including foster parents) or with a designee of that parent or other person with legal custody. Familial status also includes a pregnant woman or a person who is in the process of adopting or otherwise securing legal custody of any individual under 18 years of age.

Senior Housing Exemption

Housing that meets the legal definition of senior housing or housing for older persons is exempt from the familial status provisions of the Fair Employment and Housing Act. This means that such housing can legally discriminate against families with children.

There are three (3) categories of housing that meet this definition:

  • Housing provided under any state or federal program that the Secretary of Housing and Urban Development (HUD) determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program
  • Housing that meets the standards for senior housing in sections 51.2, 51.3 and 51.4 of the Civil Code (Unruh Civil Rights Act)
  • Mobile home parks that meet the standards for "housing for older persons" as defined in the Federal Fair Housing Amendments Act of 1988 and implementing regulations

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