How to File a Complaint for Familial Status Discrimination
When you're looking for a place to live, you expect to be treated fairly. But if you've been denied housing or treated differently because you're pregnant, have children under 18, or are in the process of getting custody of a child, you might be facing familial status discrimination. It's upsetting, stressful, and often confusing.
According to federal and state fair housing laws, landlords, property managers, and other housing providers can't legally treat you differently because of your family situation. At J. Courtney Cunningham Attorney At Law in Miami, Florida, I protect the rights of clients who have experienced housing discrimination and work diligently to help them seek justice.
Familial Status Discrimination
Familial status discrimination happens when housing providers treat you unfairly because you're part of a family with children. This can affect anyone—single parents, expectant mothers, same-sex couples with kids, grandparents with legal custody, or anyone else raising children.
Examples of familial status discrimination include:
Refusing to rent to families with children
Charging higher rent or deposits to families
Steering families with kids to specific areas of a property
Enforcing stricter rules for children that don’t apply to adults
Advertising housing as “adults only” or “ideal for singles”
It doesn’t matter if the landlord claims it’s for safety or convenience—treating families differently because they have kids is illegal under the FHA unless the housing qualifies as "housing for older persons."
Know Your Rights Under Federal and Florida Law
The Fair Housing Act makes it illegal to discriminate in housing based on race, color, national origin, religion, sex, disability, or familial status. Florida law mirrors these protections and also prohibits housing discrimination for the same reasons.
You have the right to:
Apply for and rent or buy a home without being treated unfairly because of your family makeup
Receive equal access to services and facilities in your housing community
Live in a safe environment without being singled out or restricted because of your children
File a complaint and seek remedies if you’ve been discriminated against
If you think you've experienced housing discrimination, you don't have to stay silent. There's a process for filing a complaint that can help you get justice and possibly even compensation.
Information to Gather Before You File
Before jumping into the complaint process, it helps to get your facts straight. The more organized and specific you are, the stronger your case will be.
Start by collecting the following:
Names, phone numbers, and addresses of the landlord, property manager, or housing provider involved
Copies of emails, letters, or text messages related to the housing decision
Lease documents, applications, or rental agreements
Notes on what was said during phone calls or in-person meetings
Witness names and contact information if someone saw or heard what happened
Keeping a detailed timeline of events helps support your story. Write down dates, what happened, and who was involved. Even small details can make a difference in proving housing discrimination.
How to File a Complaint with HUD
One way to report familial status discrimination is through the U.S. Department of Housing and Urban Development (HUD). You can file a complaint online, by phone, or by mail. You can also contact my office for assistance.
Here are the basic steps:
Go to HUD’s fair housing complaint page
Fill out the form with as much detail as you can
Submit the complaint online, or print it and mail it to HUD
You can also call HUD’s regional office for help or to file over the phone
In Florida, your complaint will likely be handled by the HUD regional office in Atlanta or one of HUD's Fair Housing Assistance Program (FHAP) partners in Florida. Once you file, HUD will investigate, and if they find evidence of discrimination, they may help you reach a settlement or take the case to court.
Filing a Complaint with the Florida Commission on Human Relations (FCHR)
You can also file your housing discrimination complaint with the Florida Commission on Human Relations. The FCHR enforces state anti-discrimination laws and may be more accessible than federal offices.
Steps to file with FCHR include:
Visit the FCHR website and download the complaint form
Fill it out with detailed information about your experience
Submit it online or mail it to the FCHR office
You can also call them to get help completing the form
The FCHR may conduct an investigation, attempt mediation, or refer the case to a hearing. You don't need a lawyer to file, but it can help to have legal support, especially if the case becomes more involved.
What to Expect After You File
Once your complaint is filed, an investigator will likely contact you to ask more questions. They may also talk to the landlord or property manager. Both HUD and FCHR aim to resolve cases through voluntary agreement, but they can pursue formal charges if needed.
Here’s what might happen:
Investigation of the facts and gathering of documents
Interviews with witnesses or others involved
An attempt to resolve the issue through conciliation or mediation
A legal finding and possible penalties for the housing provider
Referral to court if the case doesn’t settle
You might be eligible for remedies like compensation, access to the housing you were denied, or changes in how the landlord operates.
When You Should Speak to an Attorney
Sometimes the complaint process gets more serious than expected. You might hit roadblocks, or the other party could fight back. In those cases, having a fair housing attorney on your side can make a huge difference.
Consider calling an attorney if:
Your complaint was dismissed, but you still believe discrimination occurred
You want to sue the landlord or housing provider directly
You’ve suffered financial losses, emotional distress, or other harm
You’re overwhelmed by the process and want professional help
A fair housing attorney can help you understand your rights, prepare evidence, and push for the strongest possible outcome.
Tips to Strengthen Your Case
Whether you file on your own or work with an attorney, taking some extra steps can make your case more convincing.
Here are some helpful actions:
Keep copies of all your documents and communications
Avoid angry or emotional responses when dealing with the landlord
Be specific when describing what happened
Follow up in writing when you talk to someone about your complaint
Don’t miss deadlines—most complaints must be filed within one year
Being calm, organized, and persistent gives you the greatest shot at getting a fair result. For more help on strengthening your case, contact J. Courtney Cunningham, Attorney at Law.
Transitioning From Complaint to Resolution
Filing a complaint is just the beginning. Once the process is underway, you may be asked to participate in mediation or provide additional information. Stay engaged and respond promptly to any requests from investigators.
You might be offered a settlement. Take time to review it, and don’t agree to anything that feels unfair or incomplete. You have the right to push for a resolution that truly addresses what you’ve gone through.
Sometimes, justice means more than just money—it might mean getting access to the housing you were denied, stopping a pattern of illegal conduct, or helping protect other families from facing the same discrimination.
Reach Out Today
Facing housing discrimination because of your family status is painful and frustrating, but you don’t have to put up with it. Taking action can make a real difference. Both federal and Florida laws protect you, and there are systems in place to help you fight back. I serve Miami, Florida, as well as Ft. Lauderdale, West Palm Beach, Tampa, St. Petersburg, Orlando, and Jacksonville. Contact me today at J. Courtney Cunningham Attorney at Law.