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Familial status: what it means

Familial status is one of the characteristics the Fair Housing Act protects. The law defines it as having one or more children under 18 living with a parent, with another person who has legal custody of them or with someone that person designates in writing.

In Spanish it is

Situación familiar (familial status)

Also written as: families with children

The full explanation

It also protects anyone who is pregnant or is in the process of getting custody of a child. So, with some exceptions, such as certain housing for older persons, no one may refuse to rent or sell you a home, or impose special conditions, because you live with children.

An example

A building manager tells Mariela that families with children can live only on the first floor. Mariela knows that, with few exceptions, the Fair Housing Act does not allow housing families with children in only one part of a building.

You will see it in…

  • Ads or building rules that limit families with children
  • Housing discrimination complaints
  • The text of the Fair Housing Act (42 U.S.C. 3602 and 3604)

Words that go with it

You will rarely see this word alone. These are the ones that show up with it on the same papers.

A grandmother smiles, seated at home.

Still confused by a paper?

A HUD-approved housing counselor can walk you through it. Agencies usually charge little or nothing, many work in Spanish, and they do not sell you anything.

Official sources

We sum up what these official sources say, in plain words. We add no rules they do not state; when a rule changes, the definition and its date change.

  1. 1. Legal Information Institute (Cornell Law School) · 42 U.S.C. § 3602(k): definition of familial status (Fair Housing Act) (external site) · in English · Verified on October 17, 2026
  2. 2. Legal Information Institute (Cornell Law School) · 42 U.S.C. § 3604: discrimination in the sale or rental of housing (external site) · in English · Verified on October 17, 2026
  3. 3. U.S. Department of Justice, Civil Rights Division · The Fair Housing Act (external site) · in English · Verified on October 17, 2026