Under fair housing laws, rentals must generally be available for rental to families with children and pregnant women. Families with children must be treated the same in advertising, during the application and selection process, and during their tenancy. Here are some helpful guidelines:
You Can't Live Here
"Adults only" communities are generally not allowed, except in housing which qualifies as Housing for Older Persons.
Housing providers cannot establish strict occupancy limits that have the effect of discriminating against families with children. For example, it would be unreasonable to limit a two-bedroom apartment to two or three people, since a bedroom can accommodate two people. If a discrimination complaint is filed, the fair housing agency will assess the reasonableness of the occupancy standard based on the number and size of the bedrooms and the overall size of the unit.
We'll Tell You Where You Can Live
Housing providers may not restrict families to certain buildings or to first floor units.
Housing providers cannot require that children of opposite sexes use separate bedrooms, even in Section 8 or other HUD funded housing.
It's Not Safe
Housing providers should take reasonable measures to correct potential hazards, and cannot use safety hazards as an excuse for failing to rent to families with children. If hazards exist, they must be pointed out to all applicants, not just to families with children. Be careful not to comment on hazards in a way that discourages families with children from renting. Remember, parents are responsible for the safety of their children.
Pool hours should be reasonable for the use and enjoyment of all residents. "Adult swim" hours are not permitted. In accordance with Washington State Law, it is permissible to require that children under the age of 13 be accompanied by an adult or that children between the ages of 13-17 have at least one other person present who is 13 or older.
It is reasonable to establish age limits for use of equipment in fitness rooms. Many commercial gyms permit those aged 15-17 to use exercise equipment without supervision. Many limit the use of equipment for children aged 12-14, and most do not permit anyone under age 12 to use fitness equipment. Remember, you cannot exclude children from being in the fitness room, just from using the equipment (or using it unsupervised). For example, a mother who wishes to exercise can bring her toddler along if the child keeps away from the equipment and does not create a disturbance.
Areas considered dangerous to small children, such as saunas or hot tubs, can be so named and can be "off limits" without an adult present. A housing provider should be extremely careful in naming areas that require adult supervision and should consult with the appropriate local, state or federal agency for guidance.
It's Against the Rules
Tenancy rules cannot target children. For example, a rule that states "children's toys cannot be left on the stairs" should be rewritten as "no personal property of residents can be left in common areas."
Curfews or restrictions on the hours children may be outside their units are not permitted. Policies outlining quiet hours and limiting noise should be contained in the rules and regulations, and must be applicable to all residents.
Residents can be held responsible for damage incurred by all of their apartment occupants and guests, including children.
Problems can arise with any residents regardless of whether they are adults or children. Residents should be notified, preferably in writing, of any particular problem and asked for their help in correcting it. All residents should be treated similarly in similar situations.
Even policies that don't target children can be discriminatory if they are used only against children and not against adult violators! For example, a manager can be vulnerable to a fair housing complaint if he gives a notice for noise made by children but does not similarly issue notices to noisy adults. (For various reasons, you may decide not to discuss rules enforcement with minors; often a written note or notice to parents is more effective.)
If you have questions about renting to families, contact your fair housing agency. We are available to answer specific questions and we also conduct regular training sessions. We're glad to help! |