Florida Renters: Understanding Familial Status Discrimination Laws

Discrimination based on familial status is illegal in Florida, giving renters with children or those expecting children important protections. If you’re a tenant in Florida and worry about being treated unfairly because of your family makeup, understanding your rights is the first step toward safe and secure housing. This guide explains key laws, what actions are considered discrimination, official complaint processes, and resources—all in plain language, so you can confidently protect yourself.

What is Familial Status Discrimination?

Familial status discrimination happens when a landlord or property manager treats renters differently because they live with children under 18, are pregnant, or are securing custody of a child. This protection is part of both federal and Florida state fair housing laws.

• Refusing to rent to families with children
• Setting different terms, higher deposits, or special rules for those with kids
• Harassing or imposing rules that unfairly target families

These actions are against the law and can be challenged through official channels. Both the Fair Housing Act and the Florida Fair Housing Act protect you from such discrimination.

Your Rights as a Tenant in Florida

It’s important to know exactly what rights tenants have in Florida regarding familial status:

• Landlords cannot refuse to rent, evict, or otherwise penalize you for having children under 18 in the household.
• Special rules, like “adults only” or restrictive pool times for families, are generally not allowed.
• Pregnant women and those gaining custody of children have the same right to fair treatment.

Your family structure should never be a barrier to safe and fair housing in Florida.

Exceptions

Some properties, like qualified senior housing (55+ communities), may be legally exempt from familial status rules. Always check if an exemption is truly valid before accepting it as a reason.

How to Recognize Familial Status Discrimination

Watch for these common signs:

• The landlord says, “No kids allowed.”
• You are asked to pay a higher deposit because of children.
• Children are restricted from using shared facilities unnecessarily.
• Rental advertisements state "adults only" or "perfect for singles."

Sometimes, discrimination is subtle. Document communications and keep copies of advertisements or notices as evidence.

Florida Agencies and Laws that Protect You

Florida’s main legal authority for residential tenancies is the Florida Residential Landlord and Tenant Act.¹ For discrimination issues, the state’s official fair housing agency is the Florida Commission on Human Relations (FCHR).²

You are also covered by federal Fair Housing laws.

Official Complaints and Forms

• Housing Discrimination Complaint Form (FCHR Form 02)
  Download from the FCHR website
  When to use: If you believe you have experienced familial status discrimination, you can fill out this form and submit it to the Florida Commission on Human Relations online or by mail.
  Example: If your landlord refuses to renew your lease after you have a baby, use the form to file an official complaint.
• HUD Housing Discrimination Complaint Form
  Access the complaint form (Form 903)
  When to use: You can file with the US Department of Housing and Urban Development (HUD) if you want federal review. Applicable when the issue crosses state lines or you prefer a federal investigation.

Steps to File a Housing Discrimination Complaint in Florida

Filing a complaint can seem daunting, but following step-by-step instructions makes it manageable and ensures your rights are protected.

• Complete the FCHR Housing Discrimination Complaint Form. Describe what happened, when, and include any supporting documentation.
• Submit your signed form to the Florida Commission on Human Relations by mail, email, or using their online portal.
• Keep copies of everything you submit and track communication from the agency.
• FCHR will contact you about next steps, which may include investigation or mediation.

For federal complaints, you can use the HUD online complaint system.

What Happens After Filing?

The FCHR or HUD will investigate to determine if there was discrimination. You may be contacted for more details, and the agency will keep you informed throughout the process. This can result in mediation, conciliation, or—in rare cases—a formal administrative hearing.

FAQ: Familial Status Discrimination for Florida Renters

1. What is considered familial status under Florida law?
   Familial status includes households with children under 18, pregnant individuals, or those gaining custody of a child.
2. How long do I have to file a discrimination complaint in Florida?
   You must file within one year of the most recent discriminatory act with the Florida Commission on Human Relations.
3. Can a landlord legally refuse to rent to families with children in Florida?
   No. Except in certified senior housing, landlords cannot deny housing on the basis of familial status.
4. What should I do if my landlord retaliates after I file a complaint?
   Retaliation is illegal. Document any actions and report them to the FCHR or HUD as part of your ongoing complaint or in a new filing.
5. Are there fees to file a housing discrimination complaint?
   No, there is no fee to file a housing discrimination complaint in Florida or with HUD.

Conclusion: Key Takeaways for Florida Renters

• Florida tenants are protected from familial status discrimination under state and federal law.
• Know the signs of discrimination and save evidence.
• If you experience discrimination, official complaint forms and agencies are available to help at no cost.

You don’t have to navigate housing discrimination alone—support and legal recourse are available.

Need Help? Resources for Renters

• Florida Commission on Human Relations (FCHR)
  Handles official housing discrimination complaints. See instructions on how to file a fair housing complaint.
• U.S. Department of Housing and Urban Development (HUD) Fair Housing
  For federal protection and complaint options.
• Florida Department of Economic Opportunity: Fair Housing
• Florida Bar: Tenant Rights & Fair Housing Information

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1. Florida Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40-83.682)
2. Florida Commission on Human Relations (FCHR) – Official Tribunal
3. Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968)

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