I have a policy that prohibits children playing in the common area without adult supervision. I’ve been told that this is a violation of the Fair Housing Act.
Your policy is discriminatory on the basis of the Fair Housing Act protected class of familial status. Families with children have the right to use any amenities that are available on the rental property. HUD has recently approved a settlement between a tenant and the owner/manager of a Nevada rental community to resolve allegations of familial status discrimination when children were denied access to the property’s common areas because they did not have adult supervision. The complaint was brought by a child’s mother whose son and other children were made to leave a recreational area of the community by a property manager observing the children playing without their parents observing.
The owner and manager denied that they discriminated against the woman but agreed to settle the complaint. Under the agreement, the community agreed to pay $5,000 to the mother and to allow her to terminate her lease without penalty if she chose to do so. The community also agreed to provide fair housing training for its employees and circulate a letter to residents stating that children do not need to be supervised in order to use the development’s common areas.