14.40 Familial Status

The Fair Housing Amendments Act of 1988 added familial status as a protected class to the Federal Fair Housing Act of 1968. It is unlawful under this act to deny housing to families having children under the age of 18 living with their parents or legal custodians, or to any woman who is pregnant. The single exception to this rule is housing that meets the definition of housing for older persons.

MOBILE HOME PARKS - It is often assumed that mobile home parks may exclude families with children. This assumption is made because mobile homes are often the only affordable housing available to older persons and, consequently, older persons tend to have a high concentration in mobile home park communities. The federal law does not allow exclusion from a mobile home park on a basis of familial status (child under the age of 18 or pregnant woman) unless all of the required factors discussed above are met under the retirement community classification.