rental-property
Rental discrimination because of family status?
<p>I and two prospective roommates (we are not related) have been in search of a 3 bedroom house to rent in Florida. We've applied for a 3 bedroom townhouse, paid the application fee, and are waiting on the response of the owner to see if we will be able to rent the house. The landowner seems to be dragging their feet, and it wasn't until several days (4-5) after we had submitted our application that we got this text from the realtor who had shown us the property.</p>

<p>"The landlord is hesitating   your application due to you are not family. But still considering. sorry for waiting."</p>

<p>As it stands, we absolutely qualify in terms of income, passed the background check, and were likely the first to apply. When we applied, we were told that since we were not related, we each would have to fill out our own form and pay an application fee each. The form itself had a section titled "List others who will reside in this house on a permanent basis" with a field for each persons income.</p>

<p>I know the text from the realtor isn't necessarily the exact words of the property owner, but at the very least, wouldn't that mean we could reasonably request a refund of the application fee as the format of applying (each person filling out a form) already made us unlikely to get the house?</p>

<p>P.s. the townhouse is part of a larger building. Only that one unit is owned by the property owner, the whole remaining building is part of a vacation rental company which is not affiliated with our prospective landlord.</p>

<p>Thank you ahead of time for your consideration and suggestions.</p>

<p>According to the government, familial status has no effect past preventing businesses and landlords from discriminating against you based on your having children. It <strong>does not</strong> extend any further than that. So no, the landlord has done nothing wrong and yes, they can discriminate against you for not being related. In fact, it's a fairly common practice when creating zoning laws in cities (generally too many non-related people cannot occupy the same property in residential neighborhoods).</p>
<p>From the <a href="https://www.dfeh.ca.gov/housing/fair-employment-and-housing-act-familial-status/" rel="nofollow noreferrer">California Department of Fair Employment and Housing</a>:</p>
<blockquote>
<p>Familial status is defined as having one or more individuals under 18 years of age who reside with a parent or with another person with care and legal custody of that individual (including foster parents) or with a designee of that parent or other person with legal custody. Familial status also includes a pregnant woman or a person who is in the process of adopting or otherwise securing legal custody of any individual under 18 years of age.</p>
</blockquote>
<p>Similarly, pretty much every reference online only ever refers to familial status in regards to children, <em>never</em> mentioning anything else that would be covered under that act. Even the <a href="https://www.justice.gov/crt/fair-housing-act-1" rel="nofollow noreferrer">United States Department of Justice</a>:</p>
<blockquote>
<p>The <a href="https://www.justice.gov/crt/fair-housing-act-2" rel="nofollow noreferrer">Fair Housing Act</a>, with some exceptions, prohibits discrimination in housing against families with children under 18.</p>
</blockquote>
<p>Which links to the actual text of the law which officially defines it:</p>
<blockquote>
<p>(k) &quot;Familial status&quot; means one or more individuals (who have not attained the age of 18 years) being domiciled with--</p>
<p>(1) a parent or another person having legal custody of such individual or individuals; or<br />
(2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.</p>
<p>The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.</p>
</blockquote>
