Can a landlord refuse to rent to me because I am pregnant?
Quick Summary
Yes, the law protects you. Under the Fair Housing Act, a landlord cannot refuse to rent to you because you are pregnant or because you are expecting a child.
The situation
I am currently living in Chicago, Illinois, and I have been searching for a new two-bedroom apartment for about three weeks now. I found a great place through a local rental listing that was advertised for $1,800 a month. I met with the property manager yesterday, and everything seemed perfect during the walkthrough. However, when I mentioned that I am currently pregnant and expecting a baby in a few months, the manager's attitude changed immediately. They told me that the building is really intended for single professionals or couples without children, and they implied that they wouldn't want a baby in the unit because of the potential noise and extra wear and tear. I already tried to explain that I have a steady paycheck and a great rental history, but they basically told me they would pass on my application. I am really confused because I thought there were rules against this. Does the law protect me from being denied an apartment just because I am expecting a child, even if I haven't even had the baby yet?
Detailed Analysis
Based on the facts you provided, the property manager's decision to pass on your application because you are pregnant appears to violate federal law. The Fair Housing Act prohibits discrimination in housing based on several protected categories, including 'familial status'[1].
Familial status is a legal term that refers to the presence of children in a household. The law specifically states that "the protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant"[1]. This means you are protected from discrimination even before the baby is born.
It is unlawful for a landlord or property manager to "refuse to sell or rent... or otherwise make unavailable or deny, a dwelling to any person because of... familial status"[2]. Because the manager told you they would pass on your application specifically because they did not want a baby in the unit due to noise or wear and tear, they are targeting your familial status. Additionally, it is illegal to "discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling" based on this status[2].
In your case, the manager's stated reason—that the building is intended for single professionals or couples without children—is a direct indication of an intent to discriminate based on familial status, which is prohibited[2].
Note that state, provincial, or local laws in Illinois or Chicago may provide even additional protections or different procedures for filing a claim.
Statutory Citations
Legal Citation: Fair Housing Act § 42 U.S.C. § 3602 — Definitions
"The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant"View Official Legislation →
Legal Citation: Fair Housing Act § 42 U.S.C. § 3604 — Discrimination in the sale or rental of housing and other prohibited practices
"it shall be unlawful— (a) To refuse to sell or rent... or otherwise make unavailable or deny, a dwelling to any person because of... familial status"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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