This white paper takes a three-pronged approach to addressing fair housing concerns when it comes to familial status and occupancy in the multifamily industry:
  • First, it explains the legal standard for bringing a claim under the Fair Housing Act (“FHA”) and how courts analyze disparate impact versus disparate treatment claims;
  • Second, the white paper details recent case trends in familial status lawsuits related to discriminatory policies against children; and
  • Third, it provides an overview of the current state of the law on occupancy restrictions in relationship to families with children. 
The white paper discusses fair housing protections for families and reviews seemingly routine business practices that could give rise to FHA complaints. Amenity operations, leasing policies and safety rules are some of the areas most impacted by familial status claims, so housing providers must carefully review their actions for unintended impacts on the availability of housing or use of their properties for families.

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