Fair Housing Act

Page 4

Housing Opportunities for Families
Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. That is, it may not discriminate against families in which one or more children under 18 live with:

1) A parent
2) A person who has legal custody of the child or children or
3) The designee of the parent or legal custodian, with the parent or custodian's written permission.

Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18.

Exemption: Housing for older persons is exempt from the prohibition against familial status discrimination if:

1) The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program or
2) It is occupied solely by persons who are 62 or older or
3) It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates an intent to house persons who are 55 or older.

A transition period permits residents on or before September 13, 1988, to continue living in the housing, regardless of their age, without interfering with the exemption.

Page 1 What Housing Is Covered?
Page 2 Additional Protection if You Have a Disability
Page 3 Requirements for New Buildings
Page 4 Housing Opportunities for Families
Page 5 If You Think Your Rights Have Been Violated
Page 6 What Happens when You File a Complaint?
Page 7 Complaint Referrals

The Department of Housing & Urban Developement (HUD) has primary responsibility for implementing the Fair Housing Act. For More Detail and Technical Information: go to www.hud.gov/local/

Office of Fair Housing and Equal Opportunity Room 5116
Department of Housing and Urban Development
451 Seventh Street, S. W.
Washington, D.C. 20410-2000
202-708-2878 or Toll Free 1-800-424-8590
www.hud.gov/offices/fheo/FHLaws/yourrights.cfm
www.hud.gov/complaints/housediscrim.cfm

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