Can a Landlord Tell Me My Children Cannot Live in the Apartment with Me?
- homelesslongisland
- May 4
- 2 min read
Can a Landlord Tell Me My Children Cannot Live in the Apartment with Me?
In most cases, landlords cannot prohibit children from living in an apartment due to federal and state housing laws that protect against familial status discrimination. The Fair Housing Act (FHA) prohibits discrimination based on familial status, which includes individuals with children under the age of 18.
Remedies for Discrimination
If a landlord tells you that your children cannot live with you, you have several options:
1. File a Complaint: You can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or your local fair housing agency. They will investigate the claim and may adjudicate the case.
2. Seek Legal Assistance: Contact a lawyer specializing in housing discrimination to understand your legal rights and the possibility of a lawsuit.
3. Document Everything: Keep detailed records of all interactions with your landlord regarding your children living in the apartment. This documentation can be crucial if you decide to take legal action.
4. Seek a Mediation: Sometimes, mediation can help resolve disputes without going to court.
Can I Sue for Discrimination?
Yes, if you believe you have been discriminated against because of your children, you may have grounds to sue. Discrimination cases under the FHA can lead to remedies such as compensatory damages, punitive damages, and attorney's fees. It’s advisable to consult with a lawyer prior to pursuing legal action to discuss the strength of your case and the potential outcomes.
Options if a Landlord Refuses to Rent Because I Have Kids
If a landlord refuses to rent to you because you have children, consider the following options:
1. Know Your Rights: Familiarize yourself with federal, state, and local housing laws that protect against discrimination.
2. Search for Family-Friendly Housing: Look for complexes or landlords that specifically advertise as family-friendly environments.
3. Documentation: Gather any evidence of discriminatory comments or practices from the landlord to support your case if necessary.
4. Contact Advocacy Groups: Reach out to organizations that advocate for housing rights to explore further options or assistance.
5. File a Complaint: As mentioned earlier, filing a complaint with HUD or local housing authorities is a viable option.
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