Can my landlord refuse to rent to me because I have children?
No. Discrimination based on familial status (having children under 18) is illegal under the federal Fair Housing Act. Landlords cannot refuse to rent, charge higher deposits, or restrict families to certain units because of children.
The Fair Housing Act makes it illegal to discriminate against families with children in virtually all housing. Your landlord cannot refuse to rent to you because you have kids, steer you toward specific "family" units while keeping others off-limits, charge higher rent or deposits because of children, or impose rules that target families (like "children must be inside by 8 PM").
There is one narrow exception: "housing for older persons" — specifically, communities where at least 80% of units have at least one resident aged 55+, or communities designated as 62+ housing. These are the only types of housing that can legally exclude families with children.
Discrimination often isn't overt. Watch for red flags like "this unit isn't suitable for children," "our other tenants prefer a quiet building," sudden unavailability after you mention children, or being shown only ground-floor units while upper floors stay "reserved."
How This Works State by State
The rules vary depending on where you live. Here's how the biggest states handle it.
Under Cal. Gov. Code § 12955, familial status discrimination in California carries civil penalties up to $50,000 for a first offense.
Under Tex. Prop. Code § 301.021, Texas prohibits familial status discrimination. The Texas Workforce Commission investigates housing complaints.
Under N.Y. Exec. Law § 296, New York prohibits familial status discrimination. NYC Admin. Code § 8-107 adds source-of-income protections.
Under Fla. Stat. § 760.23, Florida prohibits housing discrimination based on familial status. Complaints go to the Commission on Human Relations.
Under 775 ILCS 5/3-102, Illinois prohibits familial status discrimination with protections exceeding federal Fair Housing Act requirements.
| State | Rule | Statute |
|---|---|---|
| California | California's Fair Employment and Housing Act (FEHA) provides additional familial status protections beyond federal law. Penalties include actual damages, injunctive relief, and civil penalties up to $50,000 for a first offense. | Cal. Gov. Code § 12955; 42 U.S.C. § 3604 |
| Texas | Texas Fair Housing Act mirrors federal protections for familial status. The Texas Workforce Commission investigates complaints. Violators face damages and civil penalties. | Tex. Prop. Code § 301.021; 42 U.S.C. § 3604 |
| New York | New York Human Rights Law provides familial status protections exceeding federal standards. NYC also prohibits discrimination based on "lawful source of income" including housing vouchers. | N.Y. Exec. Law § 296; NYC Admin. Code § 8-107 |
| Florida | Florida's Fair Housing Act prohibits familial status discrimination. The Florida Commission on Human Relations investigates complaints. | Fla. Stat. § 760.23; 42 U.S.C. § 3604 |
| Illinois | Illinois Human Rights Act prohibits familial status discrimination with protections exceeding federal law. Illinois recognizes additional protected classes. | 775 ILCS 5/3-102; 42 U.S.C. § 3604 |
●Frequently Asked Questions
Frequently Asked Questions
Can my landlord refuse to rent to me because I have children?
No. Discrimination based on familial status (having children under 18) is illegal under the federal Fair Housing Act. Landlords cannot refuse to rent, charge higher deposits, or restrict families to certain units because of children.
Can my landlord charge me extra for an emotional support animal?
No. Under the Fair Housing Act, landlords cannot charge pet deposits, pet rent, or pet fees for emotional support animals with proper documentation. An ESA is not a pet — it's a reasonable accommodation for a disability.
Can my landlord refuse to allow my service animal?
No. Under both the Fair Housing Act and the Americans with Disabilities Act, landlords must allow service animals regardless of pet policies, breed restrictions, or "no pet" clauses. No pet deposit or pet fee can be charged.
Can my landlord charge a pet deposit for my service animal or ESA?
No. Under the Fair Housing Act, landlords cannot charge pet deposits, pet rent, or any pet-related fee for service animals or emotional support animals. These animals are not "pets" under the law — they are disability accommodations.
●PROTECTION
Your landlord is costing you money. We stop it.
- Junk Fee Auditor — Flags illegal charges hiding in your lease
- Rent Increase Analyzer — Checks if your hike exceeds the legal cap
- Deposit Photo Vault — Timestamped move-in/out evidence your landlord can’t dispute
- Free Demand Letter — State-specific letter generated in 2 minutes
Junk fees you can’t opt out of: ~$100/mo
Utility overcharges you can’t verify: ~$50/mo
Deposit interest your landlord pockets: ~$8/mo
Rent increase above legal cap: ~$35/mo
Total: ~$193/mo you’re probably losing.
DepositHawk Protection: $3/mo.
DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.