Montana Tenant Rights: Familial Status Discrimination Guide

As a Montana renter, federal and state laws protect you and your family from housing discrimination based on familial status. This means landlords cannot treat you unfairly because you live with children under 18, are pregnant, or are in the process of securing legal custody of a child. If you suspect discrimination, Montana law and official resources offer clear steps—and protections—for renters and families.

What Is Familial Status Discrimination?

Familial status discrimination happens when a landlord, property manager, or other housing provider refuses to rent, imposes different rules, or otherwise treats tenants differently because they have children, are pregnant, or are seeking legal custody of minors. Protected family situations include:

• Parents or legal guardians with children under 18 living in the household
• Pregnant persons
• People in the process of obtaining legal custody (adoption, foster care)

Both the federal Fair Housing Act and the Montana Human Rights Act cover these protections.^[1][2]

Signs of Familial Status Discrimination

Discrimination isn’t always obvious. Watch for these common signs:

• A landlord tells you children aren’t allowed or directs you to certain buildings because of your family
• Special fees, deposits, or higher rent for leases with children
• Restricting access to common areas (like pools) for families or children only

Your Rights and Protections as a Renter

You cannot legally be denied housing, harassed, or given unequal terms solely because of your familial status. Landlords cannot:

• Refuse to rent or renew your lease
• Set stricter rules for families with children
• Evict you because of the presence of children
• Retaliate if you assert your rights

How to File a Familial Status Discrimination Complaint in Montana

Both the Montana Human Rights Bureau and the U.S. Department of Housing and Urban Development (HUD) handle housing discrimination complaints. Tenants can choose to file at the state or federal level.

Official Montana Complaint Form

• Form: Housing Discrimination Complaint Form (Montana Human Rights Bureau)
• When to use: If you believe a landlord or property manager has discriminated against you or your family due to familial status.
• How to use it: Complete the form with details of the discriminatory act, including dates, witnesses, and copies of relevant documents. For example, if a landlord refused to rent to you after learning you have children, describe the situation and attach emails or ads as proof.
• Montana Housing Discrimination Complaint Form (PDF)

Who Handles Tenant-Landlord Disputes in Montana?

Montana's Human Rights Bureau is the primary office investigating discrimination complaints under the state’s laws. For general tenant-landlord disputes, visit the Montana Courts - Landlord/Tenant Resources.

Relevant Legislation

• Federal Fair Housing Act
• Montana Human Rights Act (Title 49, Chapter 2, MCA)
• Montana Residential Landlord and Tenant Act of 1977 (Title 70, Chapter 24)

Together, these laws ensure tenants in Montana are protected against unlawful discrimination and provide clear complaint procedures.

FAQ: Familial Status Discrimination in Montana Rentals

1. Can my landlord refuse to rent to me because I have children?
   No. Montana law and the federal Fair Housing Act prohibit landlords from denying housing because you have children under 18 or are pregnant.
2. What if my lease says 'no children allowed'?
   Such clauses are not legal and cannot be enforced in Montana, except in qualified senior housing. You can file a discrimination complaint if a landlord threatens you with eviction based on this.
3. How long do I have to file a complaint?
   In Montana, you must file your housing discrimination complaint with the Human Rights Bureau within 180 days of the incident.
4. Are there exceptions to these protections?
   Yes, only certain federally designated senior housing communities are legally allowed to restrict tenants by age or family status.
5. Is retaliation allowed if I report discrimination?
   No. Landlords may not evict you, raise your rent, or otherwise retaliate if you exercise your rights or file a complaint.

Need Help? Resources for Renters

• Montana Human Rights Bureau – File discrimination complaints and get support
• Montana Courts: Landlord-Tenant Resources – Tenant guides and legal how-to
• File a Federal Fair Housing Complaint with HUD
• Montana Legal Services Association – Free and low-cost legal help for renters

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1. [1] U.S. Department of Housing and Urban Development – Fair Housing Act
2. [2] Montana Human Rights Act (Title 49, Chapter 2, MCA)
3. [3] Montana Residential Landlord and Tenant Act
4. [4] Montana Human Rights Bureau – Discrimination Complaints

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