Understanding Familial Status Discrimination for Arkansas Renters

Many Arkansas renters wonder, “Can a landlord treat me differently because I have children?”Familial status discrimination, which is illegal under both federal and Arkansas housing law, occurs when a person is treated unfairly for being pregnant or living with children under 18. If you’re navigating renting in Arkansas, it’s crucial to know your rights and the steps to take if discrimination happens.

What Is Familial Status Discrimination?

Familial status discrimination means a landlord cannot refuse to rent, limit your options, or unfairly treat you because:

• You are pregnant
• You live with children under 18
• You are in the process of gaining custody of children
• You are a parent, foster parent, or legal guardian

This protection comes from the federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968) and is also recognized in Arkansas law. Arkansas landlords are not allowed to deny housing or set different terms, like charging higher security deposits or imposing special rules, solely because you have children or are pregnant.^[1]

How Arkansas Law Addresses Fair Housing

Although Arkansas does not have its own statewide fair housing enforcement agency, it defers to federal law and the protections provided under the Fair Housing Act. Landlords in Arkansas must comply with this federal law.

If you believe you’ve faced discrimination, complaints are handled by the U.S. Department of Housing and Urban Development (HUD). HUD investigates these issues and can help enforce your rights.

Examples of Familial Status Discrimination

• A landlord refuses to rent you a unit because you have children.
• You’re told your family can’t use common areas such as a pool or laundry room because of kids.
• The landlord tries to evict you after learning you are pregnant or adopting.
• Advertising units as “adults only” or “no children allowed.”

How to Report Familial Status Discrimination

If you believe you’ve been treated unfairly by a landlord or property manager because of your family status, you have the right to file a complaint with HUD. You do not need a lawyer and the process is free for renters.

Official Form: HUD Discrimination Complaint Form (Form 903)

• Form Name & Number: Housing Discrimination Complaint Form (HUD Form 903)
• When/How It’s Used: Use this form to tell HUD about suspected discrimination. For example, if a landlord refuses to rent to you because you tell them you’re pregnant, you can fill out this form.
• Submit the HUD Discrimination Complaint Form online
• You can also download a printable version (PDF) and mail it.

Filing a Complaint – Action Steps

• Gather any evidence of discrimination (screenshots, emails, voicemails, ads, etc.).
• Fill out the HUD Discrimination Complaint Form.
• Submit online, or mail it to the address on the form.
• HUD will contact you with next steps and may request an interview or more information.

Your Rights Under Arkansas Housing Laws

Arkansas renter-landlord relations are governed by the Arkansas Residential Landlord-Tenant Act of 2007 and federal law.^[2] There are no Arkansas laws that allow a landlord to set different terms or rules based solely on household status or children. This means:

• Landlords cannot evict or refuse renewal just because your family grows.
• "Adults only" policies are not legal in most rental situations.
• Any occupancy rules must have a legitimate safety reason, not just to limit families.

Arkansas Housing Tribunal for Discrimination Complaints

Arkansas does not have a state-level housing tribunal for discrimination claims. Instead, all discrimination complaints from renters should be submitted directly to the U.S. Department of Housing and Urban Development (HUD) – Fair Housing division, which investigates and resolves these cases for renters in Arkansas.

FAQ: Familial Status Discrimination in Arkansas Rentals

1. Can my landlord refuse to rent to me because I have children?
   No. Under federal law, landlords in Arkansas cannot refuse to rent to you because you are pregnant or have children under 18 living with you.
2. Are “adults only” apartment policies allowed?
   Generally, no. These policies violate the Fair Housing Act unless a property qualifies as federally designated housing for older persons (such as 55+ communities).
3. What should I do if I suspect discrimination?
   Document what happened, save any evidence, and file a complaint with HUD using the official form.
4. Is there a time limit to file a discrimination complaint?
   Yes. You should submit your complaint to HUD within one year of the alleged discrimination.
5. Can I be evicted for adding a child to my household?
   No. As long as you don’t exceed legal occupancy limits and your lease allows, a landlord can’t evict you simply because your family size changes.

Conclusion: Key Takeaways for Arkansas Renters

• It’s illegal for Arkansas landlords to treat you unfairly for having children or being pregnant.
• File a complaint with HUD if you experience familial status discrimination; help is free and confidential.
• Know your protections under the federal Fair Housing Act.

Understanding your fair housing rights lets you protect your family and confidently seek safe rental housing throughout Arkansas.

Need Help? Resources for Renters

• HUD Fair Housing Complaint Portal: File and track your discrimination complaint.
• Arkansas Residential Landlord-Tenant Act: Read state-specific rental laws.
• HUD Arkansas Field Office: Local HUD contact for questions or help.
• Federal Fair Housing Act: Learn more about your federal protections.

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1. Fair Housing Act, Title VIII of the Civil Rights Act of 1968
2. Arkansas Residential Landlord-Tenant Act of 2007 (Act 1052 of 2021)

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