Apartments won't lease to people with children??

Question

I'm looking for a new apartment as I just got a new job. I called one such place that was on my list, and was told (rather rudely, actually) that they wouldn't lease to people with pets OR children. (I have one daughter, she's 5.) Now no pets, I can understand...but no children? Isn't that cutting out like 80% of the population? And moreover, isn't it a bit discriminatory?

Given how rude the guy was to me, I suspect he was just busy and wanted to shake me off, but still...

Answer 1

Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices


"FAIR HOUSING ACT

As made applicable by section 803 of this title and except as exempted by sections 803(b) and 807 of this title, it shall be unlawful--

(a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin. "

Federal law quoted above. Some states have even stronger language. What you are interested in is “familial status”

There are 2 exceptions to this, one is a community that is restricted to folks 55 or older and the other is restricted to 62 and older. And those have to qualify

"(ii) the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and

(iii) the housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall--

(I) provide for verification by reliable surveys and affidavits; and

(II) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification. "


In other words they just can’t say we don’t allow children but must adhere to the above rules.

Need more help?

http://www.hud.gov/complaints/housediscrim.cfm to file a discrimination complaint or

http://www.fairhousing.com/ an advocacy depending on where you are located.

This stuff does work. My son was just turned down for a house because he didn’t have children, he pointed out that this was a violation and they backed down.

Good luck in your search.

Answer 2

These people who rent out are so on top of the laws it is not even funny. So it is probably an adult only community...... which is well within the law.

Something sounds hinky as the guy was so rude. Call and ask to speak to the main person and explain it all.

Answer 3

The Federal Fair Housing Act prohibits this. He is breaking the law. The actual statute forbids housing discrimination based on "familial status". This means that your landlord can't legally consider the fact that you have kids (or indeed how many kids you have) when deciding whether to rent to you. Most of them know this, so they don't admit that that is the reason they didn't rent to you, and proving that illegal discrimination occurred is often hard, as is generally the case for all forms of discrimination. Therefore, the last time my husband and I looked for an apartment, I told him to lie about having a child. Now, I don't feel comfortable lying, but I don't feel comfortable having no choice but to rent in rat infested slums b/c my choices are so limited either. If you were to lie, don't worry about "getting caught" as long as you are a good tenant. Why? Because he can't take you to court for lying about a subject that is not legal for him to consider. (Lying about having kids under these circumstances would be tantamount to lying about being gay or Jewish. He would have absolutely no legal grievance whatsoever). Please report that landlord.

Answer 4

Defiantly discrimination under the Fair Housing Laws. Do you want a piece o;f him and the company- you could sue ford discrimination but you had better have all your ducks lined up. Hope you find an apartment that will suit your needs and good luck with your hunt.

Answer 5

I think that except for elderly communities, childrens' rights as citizens have to be repected and they get the same right to live some place as anybody else. It might be worth it to you to check with an attorney, but it will cost you something for the consultation.

Answer 6

It could've been an adult only community. They are not uncommon.