Familial Status is a characteristic determined by the composition of a person’s household, particularly relating to marriage and the presence of existing or prospective children. This status is acknowledged and protected under laws such as the Fair Housing Act (FHA) and the Fair Credit Reporting Act (FCRA), safeguarding rights and prohibiting discrimination against individuals based on their household type.
Legal Definitions and Protections
Fair Housing Act (FHA)
The Fair Housing Act specifically includes familial status as a protected category. This means that housing discrimination based on whether individuals are pregnant, have children under 18, or are in the process of acquiring legal custody of a child, is illegal.
Fair Credit Reporting Act (FCRA)
Under the FCRA, familial status affects how credit information is managed, ensuring individuals aren’t unfairly denied credit based on their household composition.
Specific Considerations
Children and Legal Guardians
Under the FHA, protections extend to people under 18 living with a parent or legal guardian. This also encompasses individuals who are in the process of securing legal custody of a minor.
Pregnant Women
Pregnant women are explicitly protected under the concept of familial status. Their rights to housing and credit cannot be compromised based on pregnancy-related conditions.
Examples of Familial Status Discrimination
- Housing: A landlord refusing to rent a property to a family because they have children.
- Credit: A bank offering less favorable loan terms to a pregnant woman based on the presumption of increased financial burden.
Historical Context
Familial status became a recognized category with the passage of the Fair Housing Act as part of the Civil Rights Act of 1968. Its inclusion intended to combat subversive racial discrimination practices that masked as preferences for household compositions without children.
Applicability
Housing
Families with children, pregnant women, single parents, and individuals securing custody of minors are protected, ensuring equitable treatment in seeking, obtaining, or maintaining housing.
Credit
Lenders are required to assess creditworthiness without bias toward familial status, maintaining fairness in financial transactions and credit reporting.
Related Terms
- Discrimination: Unjust or prejudicial treatment based on certain characteristics.
- Protected Category: Groups that are legally shielded from discrimination.
- Legal Guardian: A person who has legal authority over a minor.
FAQs
Q1: Is familial status protection only for biological children?
A1: No, it includes biological, adopted, and legally considered children under the age of 18.
Q2: Can a housing provider have rules for children in units?
A2: Rules can exist for safety and health reasons but cannot be discriminatory.
Q3: Can familial status ever be a basis for eviction?
A3: Only if the individual’s behavior or children’s behavior justifies eviction under lawfully applied terms not specific to familial status.
References
- U.S. Department of Housing and Urban Development
- Federal Trade Commission
- Equal Credit Opportunity Act
Familial status is a crucial legally protected characteristic, ensuring that individuals—regardless of their household composition—are not subjected to discrimination in housing and credit sectors. Its protection extends to a broad range of scenarios from tenants to loan applicants, illustrating the importance of equitable treatment across various aspects of everyday life. By understanding and adhering to the protections offered under laws like the FHA and FCRA, a fairer, more inclusive society for all family structures can be achieved.
