The federal Fair Housing Act makes it illegal to treat families and pregnant people differently or exclude them from equal rights and protections nationwide. in 1988, 20 years after the Act was passed, protections for family status were added to end discrimination in housing based on race, colour, national origin and religion. Since then, disability and gender, including sexual orientation and gender identity, have also been added as protected categories.

However, families are still fighting to be treated equally.

According to the National Fair Housing Alliance's 2022 Fair Housing Trends report, housing discrimination based on familial status is the fourth most common type of complaint filed with non-profit fair housing organisations and government agencies, including the Department of Housing and Urban Development, in 2021.

Discrimination based on familial status accounts for approximately 7 per cent of all complaints, according to the report, which analyses the latest data on housing discrimination complaints.

"I have interviewed and worked with many people who have been victims of housing discrimination because they have children," said Pam Kisch, executive director of the Fair Housing Center of Southeast and Central Michigan in Ypsilanti. The organization has received more than 4,000 complaints and helped file more than 100 lawsuits since it was founded 13 years ago.

"I think people are being unfairly denied housing because of stereotypes about children, that children will be noisy or disruptive," said Kish.

This type of discrimination can make it more difficult, and sometimes more expensive, for families to access housing.

Kisch's organisation worked with a single parent who was denied a one-bedroom flat because the landlord believed that parents and children should not share a bedroom.

While local jurisdictions use health and safety regulations to limit the number of occupants in a space, Kisch said some landlords are imposing unreasonable occupancy standards.

"Your landlord doesn't tuck you in at night and has no business telling you who sleeps where," said Kish.

Her organisation also handled a case involving a single parent with two children who was denied a two-bedroom flat because the landlord said siblings over the age of five could not share a bedroom.

Housing lawyer Scott Moore said he often sees signs in apartment buildings that say "no children running in the hallway".

Rather than targeting children with discriminatory signs, Moore points out that the same effect could be achieved by simply changing the sign to "No running in the hallway".

Much of the discrimination he sees in family situations is due to an assumption that children are responsible for disturbing the peace and quiet.

"What I'm saying is that in multi-family housing, people live very close together ...... It's not surprising that there's this discrimination," said Moore, a partner at Baird Holm in Omaha, NE." A lot of times it may not be a backlash like 'we don't want families here', but 'we don't want to deal with the noise'."

It's not just denying housing to families with children, or posting signs aimed at them, that could be deemed illegal. Refusing to allow children living in a building to use its facilities can also be considered discrimination.

The US Department of Housing and Urban Development recently announced a $3 million settlement against a California property management company and the owners of more than 30 apartment buildings. They were accused of refusing to allow children to play outdoors and requiring parents to supervise children under the age of 14 in common areas.

In March 2023, the National Fair Housing Alliance, along with the Southwest Fair Housing Council and three tenants, filed a complaint against Company X for discrimination based on family status. The Chicago-based company owns and operates apartment buildings across the country with a variety of luxury amenities such as swimming pools, gyms and community workspaces with private offices.

Robertson Smith was one of three tenants who filed a complaint against X Phoenix. He signed a lease in February 2022, specifically because of the amenities available to residents. However, eight months after his lease was signed, the management of X Phoenix informed all residents that the children were no longer allowed to use the facilities.

Although Smith and his daughters have since moved out of X Phoenix, he filed a complaint along with two other residents with children.

Morgan Williams, general counsel for the National Fair Housing Alliance, said this type of discrimination makes families with children feel like second-class citizens and limits their housing options.

"Many families with children choose housing specifically based on amenities, such as access to a swimming pool," Williams said.

X did not immediately respond to a request for comment on the complaint.