Fair Housing Amendments Act of 1988: Familial Status and Disability

The Fair Housing Amendments Act of 1988 added two protected classes to the Fair Housing Act: familial status and disability. Combined with the classes already covered by the 1968 law and its 1974 amendment — race, color, religion, national origin, and sex — that brought the total to seven. The 1988 changes did more than lengthen the list. They defined each new class in detail, created affirmative duties toward people with disabilities, and gave the Department of Housing and Urban Development real enforcement power for the first time.

Familial Status

Familial status protection covers any household with one or more children under 18 living with a parent, legal guardian, or someone designated in writing by that parent or guardian.¹ Pregnant women and anyone in the process of gaining legal custody of a child, through adoption or foster placement for example, are also protected.

What this means in practice: a landlord cannot refuse to rent to a family because it includes children, cannot charge higher deposits or rent to families with children, and cannot use advertising that expresses a preference against them. Phrases like “adults only” or “no children” violate the Act on their face.²

Occupancy limits are where landlords most often stumble. HUD has said a policy of two people per bedroom is generally considered reasonable, but the standard isn’t absolute. HUD looks at the size of the unit, the dimensions of the bedrooms, the configuration of the space, the ages of any children involved, and any applicable state or local law. Rules that cap the number of children per unit, rather than the total number of occupants, are more likely to be found discriminatory.³

Disability

The Act defines disability as a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, breathing, learning, or caring for oneself. People who have a history of such an impairment, or who are treated by others as having one, are also protected.⁴

One boundary matters: the Act does not protect current illegal drug use or addiction to a controlled substance, and housing providers may consider a conviction for manufacturing or distributing controlled substances.⁴

The disability class carries three affirmative obligations that make it different from the other six. These are not courtesies. Failing to meet them is itself discrimination.

Reasonable Accommodations

Housing providers must make exceptions to rules, policies, and services when needed to give a person with a disability equal opportunity to use and enjoy their home.⁴ The most familiar example is waiving a “no pets” rule to allow a service animal or emotional support animal. Others include assigning a closer parking space, allowing a live-in aide, or adjusting a rent-payment schedule.

When a disability is obvious, the provider cannot demand documentation. When it isn’t, the provider may ask for verification from a licensed healthcare professional confirming a disability-related need for the accommodation. The provider cannot ask for a specific diagnosis, demand medical records, require a notarized statement, or insist on a particular form. Documentation from a provider who has personal knowledge of the individual, including through telemedicine, must be accepted.⁵ The cost of a policy change falls on the housing provider, not the tenant.

Reasonable Modifications

Tenants with disabilities have the right to make structural changes to their unit or common areas at their own expense so they can fully use the space. Grab bars, widened doorways, and access ramps are typical examples.⁶ A landlord must permit the modification but can require the tenant to agree to restore the interior of the unit to its original condition when the tenancy ends, normal wear and tear excepted.

A landlord can also negotiate for the tenant to pay into an interest-bearing escrow account over a reasonable period so restoration funds are available later. The amount cannot exceed the estimated cost of restoration, and interest earned on the account belongs to the tenant.⁶ A landlord cannot increase the standard security deposit because a tenant has a disability.

Accessible Design and Construction

New multifamily buildings with four or more units designed for first occupancy after March 13, 1991, must meet specific accessibility standards.⁷ Public and shared spaces must be readily accessible. Doorways within units and leading into them must be wide enough for wheelchair passage. Each covered unit must include an accessible route through the dwelling, controls and switches at accessible heights, reinforced bathroom walls to support future grab bar installation, and kitchens and bathrooms with enough space to maneuver a wheelchair.²

Coverage depends on the building. In buildings with an elevator, every unit must meet these standards. In buildings without one, only ground-floor units are covered.²

Where Familial Status Protection Does Not Apply

Familial status is the one protected class with a built-in exemption for certain age-restricted communities. Qualifying housing for older persons can lawfully exclude families with children. The exemption comes in three forms:¹

Housing provided under a state or federal program specifically designed and operated to assist elderly persons.
Housing intended for and solely occupied by people 62 or older, with narrow exceptions for existing residents who were under 62 when the community qualified and for on-site employees performing substantial management or maintenance work.⁸
Housing intended and operated for people 55 or older, where at least 80 percent of occupied units have at least one resident who is 55 or older and the community publishes and follows policies demonstrating that intent.¹

The disability protections have no equivalent carveout. A 55-and-over community can lawfully exclude children; it cannot lawfully refuse a reasonable accommodation for a resident with a disability.

How the Protections Are Enforced

A person who believes they have experienced discrimination based on any of the seven protected classes can file a complaint with HUD’s Office of Fair Housing and Equal Opportunity within one year of the last discriminatory act, or file a private lawsuit in federal court within two years.⁵ The Department of Justice can also bring its own lawsuits when it identifies a pattern of discrimination or a case of broad public importance.

If HUD finds reasonable cause and the case proceeds to a HUD administrative law judge, the judge can order compensatory damages and impose civil penalties. The statutory baseline is up to $10,000 for a first violation, up to $25,000 for one prior violation within five years, and up to $50,000 for two or more prior violations within seven years, with periodic inflation adjustments.⁹ In DOJ pattern-or-practice cases, the 2025 inflation-adjusted maximums run to $131,308 for a first violation and $262,614 for subsequent ones.¹⁰

A private lawsuit can produce actual damages, punitive damages with no statutory cap, injunctive relief such as an order to rent or sell the housing in question, and attorney’s fees.¹¹ The 1988 amendments removed the $1,000 punitive-damages cap that had constrained private cases under the 1968 statute, which is a large part of why adding familial status and disability to the protected-class list carried real weight rather than symbolic weight.

1
Office of the Law Revision Counsel. 42 U.S. Code 3607 – Religious Organization or Private Club Exemption
2
Office of the Law Revision Counsel. 42 U.S. Code 3604 – Discrimination in the Sale or Rental of Housing
3
Department of Housing and Urban Development (HUD). Fair Housing Enforcement – Occupancy Standards Statement of Policy
4
Office of the Law Revision Counsel. 42 USC Ch. 45 – Fair Housing
5
eCFR. 24 CFR Part 103 – Fair Housing Complaint Processing
6
eCFR. 24 CFR 100.203 – Reasonable Modifications of Existing Premises
7
Federal Register. Fair Housing Act Design and Construction Requirements – Adoption of Additional Safe Harbors
8
eCFR. 24 CFR Part 100 Subpart E – Housing for Older Persons
9
Office of the Law Revision Counsel. 42 U.S. Code 3612 – Enforcement by Secretary
10
Federal Register. Civil Monetary Penalties Inflation Adjustments for 2025
11
Office of the Law Revision Counsel. 42 U.S. Code 3613 – Enforcement by Private Persons