Under the federal Fair Housing Act and Utah law, it is illegal to discriminate in housing because a family has children under 18. This protection is known as familial status and it covers:

• Parents and legal guardians with one or more children under 18 living in the home.
• Pregnant people planning to raise a child in the household.
• Adults in the process of getting custody or guardianship (foster care, adoption, or court-ordered placement).

Landlords, property managers, HOAs, and others involved in renting or selling housing generally cannot:

• Deny a rental or sale because the applicant has kids.
• Steer families with kids to certain buildings, floors, or corners of a property.
• Apply different prices, deposits, or rules to families than to adults without children.

The main exception is legal senior housing (for example 55+ communities that qualify under “housing for older persons”). Outside that narrow exception, “adults only” and “no kids” rules are strong red flags.

Some policies look neutral at first but violate fair housing rules when they single out children or families. In Utah, the following types of rules are typically illegal:

• “No children” or “adults only” advertisements. Ads, listings, or websites that discourage families from applying can be discriminatory even before anyone submits an application.
• Higher rent or deposits because of kids. Charging “extra wear and tear” fees for children, or higher security deposits only for families, is usually unlawful.
• Restricting kids from common areas. Banning children from pools, gyms, laundry rooms, clubhouses, or outdoor spaces while allowing adults to use them is a form of discrimination.
• Overly strict “quiet hours” that only apply to children. Reasonable noise rules that apply to everyone are fine, but targeting kids or treating normal child activity as a rule violation can cross the line.
• Selective rule enforcement. Enforcing rules strictly when kids are involve but ignoring similar behavior by adults can show discriminatory treatment.

Safety-based rules (like “no running on wet pool decks” or “children must be supervised under a certain age”) can be lawful if they are reasonable, genuinely about safety, and applied consistently rather than used as a disguise for “no kids wanted.”

Utah landlords can use reasonable occupancy standards, but they cannot use those standards to automatically exclude families with children. Many follow HUD’s general guideline of “two people per bedroom,” sometimes with flexibility depending on the size and layout of the unit.

When deciding what is reasonable, landlords should consider factors like square footage, bedroom size, local building and fire codes, and the ages of the children. Below is a simplified comparison of reasonable versus problematic occupancy practices:

If you suspect discrimination because you have children, it helps to act quickly, stay calm, and keep records. In many cases, families can resolve issues by pointing out fair housing rules. In others, a formal complaint may be needed.

Helpful steps include:

• Write down what happened. Note dates, times, who said what, and any witnesses.
• Save documents and messages. Keep copies of listings, emails, texts, letters, and HOA notices.
• Ask for policies in writing. If a landlord cites a rule about kids, ask to see the written policy and how it applies to everyone.

Families can file complaints with:

• HUD (U.S. Department of Housing and Urban Development) – handles federal fair housing complaints. You can file online, by mail, or by phone at no cost.
• Utah’s Department of Economic Development (DED) or related state agencies – may investigate discrimination under Utah law and work with local housing partners.

In more serious or complex situations, talking with a Utah housing or civil rights attorney can help you evaluate your options, deadlines, and potential remedies.