Couple's Alleged Occupancy Violation Gives Birth to Familial Status Discrimination Charge

A couple lived at a 16-unit apartment complex in Albuquerque, New Mexico without a problem... until the woman got pregnant.

The tenants rented a one-bedroom apartment under a month-to-month lease, which stated that the occupancy limit is two persons per bedroom. When the landlords learned that one of the tenants became pregnant, he issued a 30-day termination notice, claiming that the couple is in violation of the occupancy limit.

The tenants complained to HUD, which on January 9, 2009 charged the landlords with discrimination based on familial status. HUD noted that the landlords didn't ask about the tenant's due date for having the child or give the tenants the opportunity to move to a two-bedroom apartment. As a result, HUD found that the tenants "suffered damages, including emotional distress, economic loss, inconvenience, and loss of a housing opportunity" and were made to "feel uncomfortable, unwanted, and frustrated."

The landlords now face possible compensatory damages and a civil penalty.