Author: Trina M. Clayton
It is important to understand that familial status discrimination may occur at any stage of property rental. Our earlier blog described some of the pitfalls a landlord might run into during the pre-tenancy period. Here, we will explore potential areas of concern during tenancy.
Examples of Familial Status Discrimination
- Refusing to rent to families with children.
- Charging a higher security deposit to families with children even if the family has a good rental history.
- Increasing rent (called a “rent surcharge”) because a resident brings a child into the household.
- Steering families with children to downstairs units, certain sections of a building, or to certain buildings or areas in a development (such as near the playground).
- Restrictions on children’s outdoor recreation activities or use of common areas. This could include an “adults only” pool policy or pool hours; curfew rules that target children, or general premises rules regarding adult supervision of children.
- Examples of rules which violate the Fair Housing Act include, “children on the premises are to be supervised by a responsible adult at all times” and “persons under the age of 18 must abide by the set curfew of 10:00 P.M.”
- No playing rules such as, “Under no circumstances may children play on stairwells, walkways, or carports. Under no circumstances may children[s’] toys or vehicles be used in the above areas or in pool area.”