Nebraska Tenant Rights: Familial Status Discrimination Protections

Understanding your rights as a Nebraska renter is crucial—particularly if you're part of a family or living with children. State and federal laws give you strong protection against familial status discrimination in housing, ensuring landlords treat all tenants fairly regardless of their family makeup.

What Is Familial Status Discrimination?

Familial status discrimination happens when a landlord or property manager treats you unfairly because you have children under 18, are pregnant, or are in the process of obtaining legal custody of a child. This type of discrimination is prohibited under both the federal Fair Housing Act and Nebraska’s own laws.

• Examples include refusing to rent to families with children, setting different rules for families, or restricting access to amenities because of your family makeup.
• It's also illegal for landlords to advertise or state in any way that families with children are not welcome.

Nebraska Laws and Tenant Protections

Nebraska upholds strong renter protections under the Nebraska Fair Housing Act. This legislation makes it unlawful for housing providers to refuse to rent, set different terms, or otherwise treat tenants differently because of familial status.^[1]

• Any family with children under 18 is protected, including biological, adopted, foster children, and pregnant people.
• These protections also apply to anyone gaining custody of a child, such as through adoption or guardianship.

Official Tribunal for Nebraska Residential Tenancies

If you need to resolve a dispute or file a complaint, you can contact the Nebraska Equal Opportunity Commission (NEOC), which enforces fair housing laws.

How to Recognize Familial Status Discrimination

If you experience any of the situations below, it may be familial status discrimination:

• Landlord refuses to rent to you because you have children.
• Rules are different for tenants with kids (e.g., curfews or pool restrictions that only apply to families).
• Higher deposit or rent charged to families.
• An advertisement says "adults only," "no children," or similar phrases.

Keep detailed notes of all conversations, emails, and anything in writing. Documentation will support your case if you decide to file a complaint.

Filing a Discrimination Complaint in Nebraska

You have the right to file a complaint if you suspect familial status discrimination. This process is handled by the NEOC. Complaints should be filed as soon as possible and must usually be submitted within one year of the incident.

How to File a Complaint

• Form: Housing Discrimination Complaint Form (NEOC Official PDF)
• When to use: If you believe your landlord has violated your rights under the Nebraska Fair Housing Act due to familial status.
• How it's used: Fill out and submit this form to the NEOC by mail, fax, or in person. Include as much detail and documentation as possible (dates, names, what was said or done, supporting emails/letters).
• For official guidance and step-by-step instructions, visit the NEOC File a Complaint page.

After the NEOC receives your complaint, it will investigate, attempt resolution, and may take enforcement action if necessary.

Relevant Legislation

• Nebraska Fair Housing Act
• Federal Fair Housing Act (Title VIII)

Your Rights and Responsibilities as a Renter

As a tenant, you have the right to be treated equally in all aspects of renting—including applying, living in, and renewing your lease. However, you also have responsibilities, such as following lease terms that apply equally to all tenants (regardless of family status).

• Always pay rent on time and maintain your unit.
• Do not violate terms specifically designed for everyone—for example, noise restrictions that do not single out families.

If you feel you are being targeted or rules are being enforced against you specifically because of your family status, consider seeking support from the NEOC or a local renter advocacy group.

FAQ: Nebraska Renters and Familial Status Discrimination

1. What does familial status mean for renters?
   It means you cannot be treated unfairly in housing because you are pregnant, have children under 18, or are gaining custody of a child. Landlords cannot deny housing or make different rules just for families with children.
2. Can a landlord refuse to rent to me if I have children in Nebraska?
   No. Both Nebraska and federal laws make it illegal for landlords to refuse to rent to someone because they have children under 18.
3. How do I file a familial status discrimination complaint in Nebraska?
   Fill out the NEOC Housing Discrimination Complaint Form and submit it to the Nebraska Equal Opportunity Commission.
4. Can a landlord charge a higher deposit for families?
   No. Charging families with children higher fees or deposits than other tenants is considered discrimination and is not allowed.
5. What if a landlord threatens or evicts me for making a complaint?
   Nebraska law protects you against retaliation for asserting your fair housing rights or filing a complaint.

Key Takeaways for Nebraska Renters

• Familial status discrimination—treating tenants differently due to children or pregnancy—violates Nebraska and federal law.
• If you face this discrimination, you can file a complaint with the Nebraska Equal Opportunity Commission using their official form.
• Landlords cannot retaliate against you for seeking protection under fair housing laws.

Nebraska law ensures families have strong legal protections—know your rights and speak up if you experience unfair treatment.

Need Help? Resources for Renters

• Nebraska Equal Opportunity Commission (NEOC) Fair Housing Division – File complaints, find forms, and get information
• Nebraska Department of Economic Development - Renter Resources – Tenant guidance and support
• HUD Nebraska Office – Federal complaint options and national fair housing information
• Nebraska Residential Landlord and Tenant Act – Full state tenant/landlord law

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1. Nebraska Fair Housing Act, Nebraska Revised Statutes § 20-318
2. Nebraska Equal Opportunity Commission: File a Complaint
3. NEOC Housing Discrimination Complaint Form
4. Nebraska Residential Landlord and Tenant Act

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