In most jurisdictions, it is illegal for a landlord to evict a tenant solely because she is pregnant. This is considered discrimination on the basis of sex and/or familial status, which is prohibited under federal and state fair housing laws. If a landlord tries to evict a pregnant tenant, she can file a complaint with the appropriate government agency, such as the Department of Housing and Urban Development (HUD). She can also sue the landlord for damages. There are some exceptions to this rule. For example, a landlord may be able to evict a pregnant tenant if she is causing damage to the property or if she is engaging in illegal activity. However, the landlord must have a legitimate reason for the eviction and cannot simply use the tenant’s pregnancy as a pretext to get rid of her.
Fair Housing Act Protections for Pregnant Tenants
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several protected characteristics, including pregnancy. This means that landlords cannot evict tenants simply because they are pregnant.
The FHA also prohibits landlords from:
- Refusing to rent or sell a home to a pregnant woman
- Charging a pregnant woman a higher rent or security deposit
- Harassing a pregnant woman about her pregnancy
- Evicting a pregnant woman because of her pregnancy
If you are pregnant and your landlord is trying to evict you, you should contact a fair housing organization or the U.S. Department of Housing and Urban Development (HUD) immediately.
What to Do if You Are Being Discriminated Against
If you believe you are being discriminated against because of your pregnancy, you can take the following steps:
- Keep a record of the discrimination. This may include copies of any letters or emails from your landlord, as well as a record of any conversations you have with your landlord or their agent.
- File a complaint with HUD. You can file a complaint online or by calling HUD’s toll-free number (1-800-669-9777).
- Contact a fair housing organization. Fair housing organizations can provide you with legal assistance and support.
Additional Resources
- HUD’s website on the Fair Housing Act
- The U.S. Department of Justice’s website on fair housing
- The National Fair Housing Alliance’s website
Protected Activity | Prohibited Action |
---|---|
Renting or selling a home | Refusing to rent or sell a home to a pregnant woman |
Charging rent or security deposit | Charging a pregnant woman a higher rent or security deposit |
Harassment | Harassing a pregnant woman about her pregnancy |
Eviction | Evicting a pregnant woman because of her pregnancy |
State and Local Laws
The ability of a landlord to evict a pregnant tenant varies across different states and localities. Some states have specific laws that protect pregnant tenants from eviction, while others do not address this issue explicitly. Similarly, local ordinances in certain cities or counties may provide additional protections for pregnant tenants.
In states and localities with laws that protect pregnant tenants, landlords are generally prohibited from evicting a tenant solely because they are pregnant. However, these laws may vary in terms of the specific protections they offer. For example, some laws may prohibit eviction during a certain period of the pregnancy or may require landlords to provide written notice before attempting to evict a pregnant tenant.
Pregnant tenants who are facing eviction should research the laws in their state and locality to understand their rights. They can also seek legal assistance from a tenant rights organization or attorney.
States with Laws Protecting Pregnant Tenants:
- California
- Connecticut
- District of Columbia
- Illinois
- Maine
- Maryland
- Massachusetts
- New Jersey
- New York
- Oregon
- Pennsylvania
- Rhode Island
- Vermont
- Washington
Local Ordinances Protecting Pregnant Tenants:
City/County | Ordinance |
---|---|
New York City | Pregnant Tenant Protection Act |
San Francisco | Eviction Protection for Pregnant Tenants Ordinance |
Los Angeles | Fair Housing Ordinance (protects pregnant tenants from discrimination) |
Seattle | Residential Landlord-Tenant Act (protects pregnant tenants from eviction) |
Washington, D.C. | Tenant Opportunity to Purchase Act (protects pregnant tenants from displacement) |
Pregnant tenants who are facing eviction should research the laws in their state and locality to understand their rights. They can also seek legal assistance from a tenant rights organization or attorney.
Fair Housing Act Protections for Pregnant Tenants
The Fair Housing Act (FHA) prohibits discrimination in housing based on several factors, including pregnancy. This means that landlords cannot evict a tenant because she is pregnant.
In addition to the FHA, some states and localities have their own laws that protect pregnant tenants from discrimination. These laws may provide additional protections, such as requiring landlords to provide reasonable accommodations for pregnant tenants.
Special Considerations for Pregnant Tenants
- Eviction: Landlords cannot evict a tenant because she is pregnant. This is true even if the landlord has a no-children policy.
- Reasonable Accommodations: Landlords are required to make reasonable accommodations for pregnant tenants. This may include allowing the tenant to use a different unit, providing extra parking, or allowing the tenant to have a pet.
- Pregnancy Discrimination: It is illegal for a landlord to discriminate against a tenant because she is pregnant. This includes refusing to rent to a pregnant woman, charging her more rent, or evicting her.
Landlord’s Obligations
Obligation | Explanation |
No Eviction | Landlords cannot evict a tenant because she is pregnant. |
Reasonable Accommodations | Landlords are required to make reasonable accommodations for pregnant tenants. |
No Pregnancy Discrimination | It is illegal for a landlord to discriminate against a tenant because she is pregnant. |
What to Do if You Are Being Discriminated Against
If you believe you are being discriminated against because you are pregnant, you should take the following steps:
- Keep a record of the discrimination. This may include copies of letters, emails, or text messages from the landlord, as well as a record of any conversations you have had with the landlord.
- File a complaint with the Fair Housing Act. You can file a complaint online or by calling 1-800-669-9777.
- Contact a fair housing organization. Fair housing organizations can provide you with support and assistance in filing a complaint.
Landlord’s Obligations
When a tenant is pregnant, the landlord has certain legal obligations, including:
- The landlord cannot evict a tenant solely because she is pregnant.
- The landlord cannot discriminate against a pregnant tenant. This means that the landlord cannot charge a pregnant tenant more rent, refuse to renew her lease, or otherwise treat her differently than other tenants.
- The landlord must provide reasonable accommodations for a pregnant tenant’s needs. This may include providing a parking space close to the tenant’s unit, allowing the tenant to take breaks during the day to attend doctor’s appointments, or allowing the tenant to install grab bars in the bathroom.
- The landlord must comply with all applicable fair housing laws. These laws protect pregnant tenants from discrimination.
Tenant’s Rights
Pregnant tenants have certain rights, including:
- The right to be free from discrimination. A pregnant tenant cannot be evicted or otherwise discriminated against because she is pregnant.
- The right to reasonable accommodations. A pregnant tenant is entitled to reasonable accommodations for her needs, such as a parking space close to her unit or a break during the day to attend doctor’s appointments.
- The right to file a complaint. If a pregnant tenant believes that she has been discriminated against, she can file a complaint with the appropriate government agency.
State Laws
In addition to federal law, many states have their own laws that protect pregnant tenants. These laws may vary from state to state, so it is important for pregnant tenants to be aware of the laws in their state.
State | Law |
---|---|
California | The California Fair Employment and Housing Act (FEHA) prohibits discrimination against pregnant tenants. |
New York | The New York State Human Rights Law prohibits discrimination against pregnant tenants. |
Illinois | The Illinois Human Rights Act prohibits discrimination against pregnant tenants. |
That’s it, folks, until next time! Thanks for hanging with me and reading this article all about landlords and pregnant people. I hope you found it informative and helpful. Remember, knowledge is power, especially when it comes to your rights as a tenant. If you’re ever in doubt about something, don’t be afraid to reach out to a local housing authority or legal aid organization. They’re there to help you. In the meantime, keep calm and carry on, and I’ll see you next time for more legal adventures. Until then, stay safe and keep fighting for your rights!