Quote from @Janice R.:
This is a interesting question! From my research, the FHA law on familial status protects adults living with children under 18 years of age only - see
https://www.nolo.com/legal-encyclopedia/whos-protected-again...
Adult roommates are not a protected class as "familial status". However, all the other protected classes (race, religion, etc.) would apply to each prospective tenant individually.
My understanding the "familial status" is the family status of the applicant or tenant. I have always operated on the understanding that this refers to equal treatment of those who are married, divorced, widowed, single, with children, pregnant.
So if you selected an applicant who is single over one who is divorced, it's a violation.
If you charged a higher rent for a divorced applicant with 2 children vs a single no children, it's a violation.
If you selected a married couple over an unmarried couple, it's a violation.
Obviously, most of the time, the decision landlords make are not based on a single reason, often times it's a combination of factors, once you have gone through the process of background checks, employment verification, tenancy history verification, there is still a subjective element on how your interactions with the applicant went...I have personally selected one tenant over another because one followed instructions, and one did not (incomplete application, showed up late during a showing, sent back an application with a camera taken photo of the form in dim light and out of focus etc...), and I have even selected one over anther because one has tattoos every inch of his body, and no I didn't tell the applicant he was turned away for excessive body markings and piercings.
Getting back to familial status, if it is a violation to select a married couple over an unmarried couple, and if you tuck "roommates" under the umbrella of unmarried couples, then it may apply, perhaps loosely? I don't know, hence the question. In my case, I just prefer not to rent to roommates who are basically strangers to each other, and yes, I cannot always tell easily the relationship between the applicants. If two people show up and attend a showing, it's not like I can openly ask whether they are related by blood, marriage, couples living together, friends or otherwise.