The Fair Housing Act is a federal law that prohibits discrimination in the sale or rental, or in the terms, conditions, or privileges of a dwelling because of race, color, national origin, religion, sex, familial status (i.e., families with children under the age of 18), or handicap.

It is illegal for a landlord to refuse to rent an apartment, condominium, or home to somebody because that person will have children living with them or due to their race. It is also illegal for a landlord to evict a tenant due to the fact that the tenant has children.

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Discrimination Against Families with Children: Is it illegal?

It is illegal for a landlord to refuse to rent to a single parent or family with children. For example, a single woman applies to rent a one bedroom apartment with her six year old daughter. The landlord tells her that children have to have their own bedroom, so they cannot rent the one bedroom apartment. The landlord has just discriminated against this woman because of the fact that she had a child.

Another example, a landlord declines to rent an apartment to a single male, saying that he doesn't want the rental to become a bachelor pad. The landlord prefers to rent to a family. The landlord has just discriminated against this man.

Another example, a landlord tells a family with children that he does not want to rent an upstairs apartment to them because children are too noisy when they live upstairs. This is illegal as a landlord cannot refuse to rent any portion of a complex to a family.

Another example, a landlord only permits families with children to live in a certain portion of the complex. This is illegal as a landlord cannot force families with children to live solely in a predetermined area. Families are permitted to live in any area of a complex, even if other tenants think that they will be noisy.

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Can An Apartment Require Families With Children To Live In A Particular Section of the Complex?

No. This is a completely illegal practice, but it happens all of the time. It is illegal for a landlord to segregate families with children into one particular area of the complex. Likewise, it is illegal for a landlord to prohibit families with children from living in a particular section of the complex, such as upstairs or in the "quiet area" of the complex. The law requires ALL tenants to put up with some noise from children, even if they don't like it.

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Can An Apartment Refuse to Allow Children to Play Outside?

A landlord cannot require children to remain indoors. If a landlord requires a tenant to keep their children locked up indoors at all times, then this is illegal. A landlord may not penalize families who allow their children to play outdoors at the apartment complex. It is illegal for a landlord to claim that the peace and quiet of the tenants requires that children not play outside. Simply put, children are allowed to play outside and they may make reasonable noise while doing so. If a family is punished for their children acting like normal children (e.g. the kids aren't lighting fire crackers or playing drums in the open courtyard), then this is illegal discrimination.

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What if I signed a lease and agreed to abide by the apartment rules which prohibit children from playing outside?

You will be relieved to know that the law will not require you to abide by illegal apartment rules simply because you signed a lease agreeing to do so. If an apartment rule violates the law, then tenants are NEVER required to abide by the rules even if they signed a lease agreeing to do so. An apartment rule is always illegal if it violates anti-discrimination laws. If the landlord tries to evict you for refusing to follow an illegal apartment rule, then he has committed housing discrimination.
Let's make it more obvious with a clearer example. Assume that a tenant signs a lease and agrees to abide by an apartment rule that says, "No tenant in the complex may bring Mexican friends to the complex." This rule would clearly be illegal and the law would never permit a landlord to enforce such a rule. The landlord cannot avoid the law by saying, "My tenant signed the lease and agreed to abide by this rule." The tenant has no obligation to abide by this rule."

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Is an Apartment Complex Allowed to Make Rules Just for Kids?

In most cases, no. The Fair Housing Act states that it is unlawful for a landlord or owner to make or print any rules that indicate any limitation or discrimination based on familial status. In other words, your landlord cannot make rules that unfairly affect families with children. For example, it is illegal for an apartment complex to have rules that prohibit children living upstairs, from swimming in the pool, from playing with toys or riding bikes on the premises, or rules that prohibit children from crying loudly. In short, any rule that singles out children may be considered illegal and discriminatory against families that have children.

Example of Discriminatory Rules Against Children: If an apartment complex had a rule which said that all children under the age of 16 must be in their apartments by 7 p.m. or their parents may be evicted, would violate the Fair Housing Act, for the rule indicates a limitation or discrimination based on the age of the children. In other words, the rule only applies to children.

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How Strict Can An Apartment's Rules Be Against Children?

It is a common misconception that an apartment complex can make rules against children. This is completely false, however, it happens all of the time. In rare situations, apartments can make some, limited rules against children. Absent the rare situation, it is illegal for apartments to have rules which prohibit children from playing outside, riding bikes, playing with toys, laughing, screaming, or having fun.

The only time that an apartment can make rules against children is if there is a potential danger to children and the rule isn't too broad. For example, it would be okay for an apartment to have a rule that says, "No children under 5 years of age in the pool without a parent." This rule is reasonable and protects the child. However, it would be illegal if the rule said, "No children 17 years of age and under may be in the pool without an adult." This rule is much too broad, as some children under 17 years might not need assistance.

It is always illegal for an apartment to have rules which state, in effect, that children are not allowed to play, walk, sit, stand, or talk in the common areas. In other words, it is illegal to require children to stay indoors. This is true even if children cause noise. The law realizes that children make noise and requires society to put up with this noise, provided that the children aren't being unreasonably loud. For example, it would be okay for an apartment to prohibit children from playing drums or playing their radio very loudly. However, it would be illegal for an apartment to penalize children for laughing, talking loudly, or getting excited in public. Although a landlord may want a quiet complex, the law does not permit it. Rather, the law requires all complexes to accept reasonable noise from children. By the way, if a landlord threatens or attempts to evict a person because their children made reasonable noise, then this would be discrimination.

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Can an Apartment Complex Rent to Adults Only?

In very rare cases, a complex can refuse to rent to families with children. However, this is an extremely rare situation and will be discussed at the end of this section. In the vast majority of cases, however, it is illegal for a landlord to refuse to rent an apartment, condominium, or house to somebody because they have children. If they refuse to do so, then they are guilty of discrimination even if the landlord appears to have a good excuse.

For example, a landlord might state, "We don't allow families with children because most of our tenants work at night and sleep during the day and kids would wake them up." It would be illegal for a landlord to refuse to rent based upon this excuse.

As for the exception, if a community is a retirement community and is officially designated as "Over 55" or "Senior Housing," then children may be excluded. It is very easy to spot such communities. These communities must prominently display the fact that they are "Over 55" or "Senior Housing." If a community isn't designated as such, then they have no legal right to exclude children.

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How Do I Know If I Have Been Discriminated Against?

Sometimes, you won't have a clue that you have been discriminated against. Nevertheless, be suspicious if you hear the following statements:

1. "I'm sorry, but after you called, I rented that apartment to someone else."

2. "Sorry, but we do not have a waiting list."

3. "I cannot let you look at the apartment until you show me your green card."

4. "There is an additional charge for each child who will live with you."

5. "This building is for adults only."

6. "We cannot have any handicap people living here, for we don't have the proper facilities."

7. "For safety's sake, we don't allow families with small children to live upstairs."

8. "Sorry, but we don't allow college students to live here."

9. "I don't really want all those changes--a ramp, grab bars--that simply is too much."

10. "Perhaps you would find it more comfortable living down the street."