US Federal

Can a housing advertisement say 'no children' or 'adults only'?

42 U.S.C. §3604
Governing statute
Familial status
Protected class
1968
Enacted year
$21,957
2024 max civil penalty
The Short Answer

No. Federal law prohibits housing advertisements from stating 'no children' or 'adults only' because it discriminates against families with children.

What the Law Says

The Fair Housing Act (FHA) makes it illegal to discriminate in housing based on familial status — which includes families with children under 18, pregnant persons, and people securing custody of minors.

This protection applies to all aspects of housing, including advertising, rental, sale, financing, and insurance.

Landlords, property managers, real estate agents, and developers must avoid language that suggests a preference, limitation, or exclusion based on having or not having children.

Even if a property is genuinely intended for seniors (e.g., qualified 55+ communities), blanket phrases like 'adults only' or 'no children' are unlawful unless the community meets strict statutory exemptions under 42 U.S.C. § 3607.

Statutory Text

It shall be unlawful— (c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on... familial status...

Fair Housing Act, 42 U.S.C. § 3604(c) — Discrimination in the sale or rental of housing and other prohibited practices
Statutory Text

The term 'familial status' means one or more individuals (who have not attained the age of 18 years) being domiciled with... a parent or another person having legal custody...

Fair Housing Act, 42 U.S.C. § 3602(k) — Definitions

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.