FHA familial status exemption

[jhodge]

What is the name of your state (only U.S. law)? Missouri

Can a landlord refuse to rent a single family dwelling to an individual with a child under the age of 18? I read the Federal Housing Act which includes exceptions for senior housing, and some other legal stuff I don't understand.

The landlord initially thought it was illegal to refuse to rent to an individual with children based on the FHA, but the landlord is concerned that he may be liable for punitive damages if the child is injured on the property. An attorney for the landlord stated single family dwellings are exempt from the FHA, and is refusing to rent to the individual.

 

[jhodge]

Answered own question

Please close/delete this thread, I believe I may have answered my own question:

Fair Housing -- It's Your Right - HUD

The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

 

[DeenaCA]

That's slightly misleading. Single-family housing is exempt from FHA requirements only if the landlord owns no more than three houses. If exempt, the landlord is not required to rent to a family with children, but cannot advertise or "make statements" indicating a discriminatory preference.

Here's the law at 42 U.S. Code 3603(b): US CODE: Title 42,3603. Effective dates of certain prohibitions.