| Housing discrimination against families with children is common. Do you know what your rights are in the housing market, and what to do if your rights are violated? The following questions and answers highlight some of the most common fair housing issues facing families with children. Q: When I went to look at an apartment, the manager told me that the other tenants are elderly people who have quiet lifestyles, so he'd like to avoid renting the vacant unit to a household with children or teenagers. Is this okay? A: No. Local, state and federal fair housing laws protect households with children from discrimination in the housing market. The Federal Fair Housing Act defines this protection, called "familial status," as households with one or more individuals under the age of 18 living with a parent, a person having legal custody of a minor, a person who is pregnant, or who is about to secure legal custody of a minor. The Wisconsin Open Housing Law calls this category "family status," and also protects persons whose households contain other adults related by blood, marriage or adoption. In the private market, some senior citizen housing does qualify for exemptions to the familial or family status provisions of the law, but these exemptions are very limited. If you are told that an apartment is unavailable to you because you have children, please call 1-877-647-3247, a statewide complaint intake line, to discuss whether you have experienced a violation of the law, and how you might be able to pursue a remedy. Q: What if an available apartment is in a four- or two-unit building, and the owner lives there? Can the owner then choose not to rent the other apartments to families with children? A: No. The Wisconsin Open Housing Law does not allow exemptions for owner-occupied buildings. Therefore the owner wouldn't be able to exclude households with children, unless the property qualifies for the exemptions for housing for older persons. Q: A rental agent told me that he has two apartments available. One is on the first floor, and the other is on the second floor. He said that he wouldn't rent me the second-floor unit because I have children. Is this legal? A: No. Segregation by floor, building, or development is a prohibited practice under state and federal fair housing laws. Families with children should have the same options as similarly qualified home seekers without children. Q: Can a housing provider set limits on how many people can live in a unit? A: Yes, the federal law permits housing providers to set and follow reasonable occupancy standards. It would be illegal, though, to limit children of certain ages, or to set a limit on the number of children in a household versus the number of total occupants in a household. So, what is a "reasonable occupancy standard"? In December 1998, the U.S. Department of Housing and Urban Development (HUD) issued a policy statement regarding occupancy standards. The policy states that an occupancy standard of two persons in a bedroom, as a general rule, is reasonable. A key phrase is "as a general rule," because the policy allows issues other than the number of bedrooms in a unit to be taken into consideration. The size of the rooms can be considered, along with other special circumstances, such as whether a room such as a den or office is available to use as a sleeping area. If you have questions about a specific occupancy standard that a housing provider has told you about, please call 1-877-647-3247 to discuss whether that standard may be in violation of the law. Do you have more questions? Please call our intake staff at a toll-free statewide number: 1-877-647-3247. Also, a variety of information is available on our website, www.fairhousingwisconsin.com. The Fair Housing Center of Greater Madison conducts intake of fair housing complaints, counsels complainants on their options for remedy, conducts investigations of housing discrimination. The Fair Housing Center also provides presentations and training services for housing consumers, housing providers and the general public. Call 608-257-0853 for more information about fair housing education services. |
| Fair housing for families with children |
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