Idaho Tenant Rights: Protection from Familial Status Discrimination

If you rent in Idaho and live with children, are pregnant, or are forming a family through adoption or fostering, you are protected by fair housing laws against familial status discrimination. Understanding these protections empowers you to recognize unfair treatment and take action if necessary.

What Is Familial Status Discrimination?

Familial status discrimination means treating someone unfairly in housing because they live with children under 18, are pregnant, are in the process of securing custody, or are adopting or fostering a child. This is prohibited under both federal and Idaho state law.

Who Is Protected?

• Parents or legal guardians with children under 18
• Pregnant people
• People in the process of obtaining custody, adoption, or fostering
• Certain legal custodians

Landlords cannot refuse to rent to you, evict you, impose special conditions, or steer you away from rental properties simply because of your familial status.

Idaho and Federal Law: Your Rights

Both the federal Fair Housing Act and Idaho’s own laws protect against this form of discrimination. The Idaho Human Rights Act is enforced by the Idaho Human Rights Commission, the main state agency for housing discrimination issues.

Under these laws:

• Landlords cannot advertise “no kids,” refuse applications, or set different rules or rent amounts based on familial status
• Housing rules must be applied equally to all tenants
• Reasonable occupancy standards can be set by landlords, but cannot be used as a pretense for unlawful discrimination

Actions That May Indicate Familial Status Discrimination

• Being told a unit is "not suitable for families" when it is available
• Refusing to renew a lease after learning you are expecting a child
• Special deposits or higher rent for tenants with children

Fair housing laws do have some exemptions, such as certain single-family homes rented by an owner without a real estate agent and housing designated for older persons (see the rules here).

How to File a Complaint in Idaho

If you believe you’ve faced discrimination because of your familial status:

• Report to the Idaho Human Rights Commission or to the U.S. Department of Housing and Urban Development (HUD)
• Complaints must generally be filed within one year from the date of alleged discrimination

Idaho Human Rights Commission Discrimination Complaint Form

• Form Name: Idaho Human Rights Commission - Housing Discrimination Complaint Form
• How It's Used: File this form if you experienced housing discrimination, including for familial status. For example, if a landlord denies your rental application upon learning you have a child, you can submit this form to start an official investigation.
• File the Idaho Discrimination Complaint Form

The Idaho Human Rights Commission will review your complaint, possibly investigate, and can offer mediation or other solutions. Learn more on their official website.

Occupancy Standards and Exceptions

Landlords can set reasonable occupancy limits, often two people per bedroom per guidance from HUD, but cannot create limits only to exclude families with children. If you’re unsure whether a policy is fair, you can request clarification from the Idaho Human Rights Commission.

Summary

As a renter in Idaho, you have clear legal protections against familial status discrimination. Resources and complaint forms are available if you feel your rights have been violated.

Frequently Asked Questions

1. What should I do if my landlord refuses to rent to me because I have children?
   Gather any written or verbal evidence of the refusal, then file a complaint with the Idaho Human Rights Commission using their official form.
2. Are there any exceptions to familial status protection in Idaho?
   Yes, exemptions exist for some owner-occupied rentals with four or fewer units and for officially designated senior housing.
3. Can a landlord limit how many people live in a rental?
   Yes, but occupancy standards must be reasonable and applied consistently, not used to exclude families with children.
4. How long do I have to file a housing discrimination complaint in Idaho?
   Generally, you must file within one year of the alleged discriminatory event.
5. Which agency handles fair housing complaints in Idaho?
   The Idaho Human Rights Commission is the main agency responsible for investigating such complaints in the state.

Key Takeaways for Idaho Renters

• Familial status discrimination is against the law in Idaho and federally
• The Idaho Human Rights Commission provides complaint forms and resources if you experience discrimination
• Landlords’ rules must be reasonable and applied to all tenants equally

Remember, support and clear processes exist if you face unfair treatment because of your family status.

Need Help? Resources for Renters

• Idaho Human Rights Commission – Main agency for discrimination complaints and questions
• Idaho Discrimination Complaint Form – Submit a housing discrimination complaint online
• HUD Fair Housing Act Overview – Understand federal protections
• File a Discrimination Complaint with HUD

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1. Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968)
2. Idaho Human Rights Act (Idaho Code Title 67, Chapter 59)
3. Idaho Human Rights Commission – Tenancy Tribunal

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