Familial Status Discrimination in Alabama: Know Your Tenant Rights

As a renter in Alabama, knowing your rights is essential—especially when it comes to protections against discrimination based on your family situation. This includes whether you have children under 18, are pregnant, or are in the process of securing custody of a child. Alabama law, enforced alongside federal protections, makes it illegal for landlords to treat you unfairly because of your familial status. This guide explains what familial status discrimination looks like, your rights under Alabama and federal law, and how you can take action if your rights are violated.

What Is Familial Status Discrimination?

Familial status discrimination occurs when a landlord treats someone differently because they have children under 18, are pregnant, or are seeking custody of a child. This protection also covers households where one or more individuals under 18 live with a parent, legal guardian, or their designee.

Laws Protecting Alabama Renters

In Alabama, familial status discrimination is prohibited by federal law under the Fair Housing Act and supported by the state law, the Alabama Fair Housing Law. Landlords cannot:

• Refuse to rent to families with children
• Set different lease terms, such as higher security deposits for renters with kids
• Limit access to amenities (like playgrounds) based on family status
• Use advertisements indicating preference against families

The Alabama Fair Housing Law closely mirrors federal requirements and is enforced by the Alabama Human Rights Commission and the U.S. Department of Housing and Urban Development (HUD).^[1][2]

What This Means for Renters

• Your application can't be rejected solely because you have children
• You are entitled to the same rental terms as non-families
• Landlord rules or occupancy limits must not unfairly target families

If you feel your rights are being violated, you have options to address the issue.

How to File a Discrimination Complaint in Alabama

If you believe you have experienced familial status discrimination, you can file a complaint with either the Alabama Human Rights Commission or HUD. Prompt action is important; you generally have one year from the date of the discriminatory act to file.

Relevant Official Form

• HUD Form 903 Online Complaint (no specific number):
  Use this form to file a federal housing discrimination complaint online. For example, if a landlord refuses to rent to you after learning you have children, you would fill out this form with details. File a housing discrimination complaint online.
• Alabama Human Rights Commission Housing Intake Form:
  File this form if you want to report discrimination at the state level. For example, if leasing staff tells you families are not welcome, you might use this form. Access the Alabama Housing Discrimination Complaint process.

The Alabama Human Rights Commission is the main state agency handling these complaints. If needed, HUD may investigate or refer cases as well.

What to Expect After Filing

Once your complaint is filed, the agency will investigate. They may contact you and the landlord to gather information. This could end with an agreement, or may move to a formal process if unresolved. Both HUD and the Alabama Human Rights Commission work to ensure fair housing for all renters.

Retaliation Is Illegal

It is unlawful for a landlord to threaten, harass, or evict you for asserting your rights or filing a complaint. If this happens, you should document all interactions and report it to the agency handling your original complaint.

FAQ: Familial Status Rights for Alabama Renters

1. Can a landlord refuse to rent to me because I have children?
   No. Landlords in Alabama cannot legally refuse to rent to you or apply different rules because you have children under 18.
   
2. Are there exceptions to familial status protections?
   Yes. Some "housing for older persons" properties (such as 55+ communities) may have exemptions, but most rental housing must comply with the law.
   
3. What do I do if my rental application is denied for a reason I suspect is related to my family status?
   File a complaint with the Alabama Human Rights Commission or HUD as soon as possible. Save any written correspondence as evidence.
   
4. Is my landlord allowed to set higher deposits or different rules for families?
   No. Setting higher deposits, rent, or stricter rules for families compared to those without children is not allowed.
   
5. How long do I have to file a discrimination complaint?
   You have up to one year from the date of the incident to file under both Alabama and federal law.
   

Key Takeaways for Alabama Renters

• Landlords in Alabama cannot discriminate against families with children or those seeking custody.
• You can file a free complaint online through HUD or with the Alabama Human Rights Commission.
• Both federal and state laws protect you from retaliation when you exercise your rights.

Remember, fair housing laws are designed to keep rental opportunities open and equitable for everyone.

Need Help? Resources for Renters

• Alabama Human Rights Commission — Main tribunal for housing discrimination complaints in Alabama
• HUD Office of Fair Housing and Equal Opportunity — Federal complaint support and information
• File a HUD Housing Discrimination Complaint Online
• Alabama Fair Housing Law (Code of Alabama Title 24, Chapter 8)
• Federal Fair Housing Act Overview

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1. Alabama Fair Housing Law
2. Federal Fair Housing Act

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