Maya Chen
When it comes to renting a property, landlords must comply with fair housing laws. These laws prevent discrimination based on factors such as race, disability, religion, sex, and familial status. While landlords have flexibility in establishing tenant criteria and policies, they must adhere to these laws. In most cases, landlords cannot refuse to rent to someone because they have children, and asking whether an applicant has or plans to have children is a violation of fair housing law. However, landlords can ask for the names of all individuals who will be living in the rental property and require all adults to sign the lease or rental agreement. It is essential to understand the specific laws and regulations in your jurisdiction, as they may vary.
Do I have to disclose children when renting?
| Characteristics | Values |
|---|---|
| Do landlords have to rent to families with children? | Landlords cannot discriminate against people with children and must follow fair housing laws. However, landlords have flexibility when establishing tenant criteria and policies as long as they are compliant with the federal Fair Housing Act. |
| Can landlords ask if applicants have children? | Landlords cannot ask if applicants have children or plan to have them. This is a violation of fair housing law. |
| Can landlords ask for the names of all people living at the rental? | Yes, landlords can ask for the names of all people living at the rental and require all adults to sign the lease or rental agreement. |
| Can landlords require tenants with children to take a specific apartment? | Landlords cannot require tenants with children to take an apartment on the ground floor or in a certain building. This is prohibited by law. |
| Can landlords restrict families with children from certain apartments? | Landlords cannot restrict families with children from certain apartments to limit noise for other tenants. This is illegal. |
| Can landlords restrict a single parent and child from renting a one-bedroom apartment? | No, a single parent with a child cannot be refused a one-bedroom rental on the grounds that "the child should have her own room." |
| Can landlords make rules that affect children? | Landlords are restricted from making rules that solely affect children or disproportionately affect children. |
| Can landlords make rules about occupancy limits? | Landlords can limit the number of persons in an apartment, but they cannot specify how many can be children. The general guidance is two people per bedroom. |
| Can landlords make rules about children using certain amenities? | Landlords cannot prohibit children from using amenities such as a pool, but they can prohibit unsupervised children from doing so. |
| Can landlords make rules about children playing in common areas? | Landlords cannot make rules that single out children, such as "No playing in the hallway," as this can violate fair housing laws. |
| Can landlords make rules about safety? | Landlords can make rules to protect the safety of children and other residents, such as requiring supervision for children under a certain age in the pool area. |
| Can landlords make rules about riding bikes, scooters, and skateboards? | Landlords can make rules about designated areas for riding bikes, scooters, and skateboards as long as the rule is applied consistently to both children and adults. |
| What happens when a dependent turns 18? | When a dependent turns 18, they may be added to the lease as a formal tenant with the same rights and responsibilities. Alternatively, they may continue residing in the property without being added as a tenant, with the primary tenant remaining solely responsible for the lease obligations. |
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What You'll Learn
Landlords cannot ask about children
Landlords cannot refuse to rent to a person because they have children. They also cannot require tenants to take a ground-floor apartment or live in a certain building because they have children. Landlords cannot restrict a family from one apartment to limit noise for other tenants. A landlord can ask for the names of all people who will be living at the rental and can require all adults to sign the lease or rental agreement. However, they cannot ask about children or an applicant's plans to have children in the future.
Landlords must use the same screening criteria for families with children as they do for other applicants. They must give families with children the same fair, unbiased opportunity to rent the home as any other applicant. Landlords can set rules about occupancy limits in rentals, but they must not specify how many of the occupants can be children. They can also enforce reasonable noise restrictions, such as quiet hours, as long as these rules are applied to all tenants and do not infringe on the normal noises that children make.
Landlords may make rules intended to protect child safety, as long as they are specifically tailored to the safety needs of certain children. For example, most apartment complexes with pools set an age limit for children in the pool without supervision.
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Discrimination against families is illegal
While some landlords are hesitant to rent to tenants with children, federal law prohibits discrimination based on familial status. This means that it is illegal to refuse to rent to a person or evict them because they have children or because an applicant or tenant is pregnant. This is covered under the Federal Fair Housing Act, which protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities.
The Act also prohibits discrimination based on other factors, including race, religion, national origin, disability, and sex. While the Acts do not expressly ban discrimination based on age, it is forbidden under the broader prohibition against discrimination based on familial status. For example, a landlord cannot refuse to rent to an older person or impose special terms and conditions on the tenancy unless these standards are applied to everyone.
In addition, landlords cannot make rules that disproportionately affect children. For instance, they cannot restrict a family from an apartment to limit noise for other tenants or require tenants with children to take a ground-floor apartment. Landlords also cannot ask if an applicant has or plans to have children, though they can ask for the names of all people who will be living in the rental and require all adults to sign the lease or rental agreement.
It is important to note that certain types of housing are exempt from these laws, such as housing set aside solely for seniors and owner-occupied buildings with four or fewer rental units. However, in most cases, discrimination against families is illegal, and landlords must use the same screening criteria for all applicants, regardless of familial status.
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Rules must not disproportionately affect children
In the context of renting properties, landlords are restricted from making rules that disproportionately affect children. This includes refusing to rent to a person because they have children, requiring tenants with children to take a ground-floor apartment or a specific building, or restricting a family to one apartment to limit noise. Landlords cannot ask if an applicant has or plans to have children, but they can ask for the names of all occupants and require all adults to sign the lease. Rules about occupancy limits are flexible, but landlords cannot specify how many can be children.
Fair housing laws protect families with children from discrimination in the sale, rental, and financing of housing. This includes using the same screening criteria for all applicants and offering all applicants the opportunity to choose from any available units they qualify for. Landlords cannot point families towards specific apartments deemed more "kid-friendly". Rules regarding safety, such as requiring supervision for children under a certain age near a pool, are permissible as long as they are applied consistently and do not restrict access.
The Convention on the Rights of the Child outlines several principles and provisions to protect children's rights and ensure their well-being. It emphasizes the need for special safeguards and care for children due to their physical and mental immaturity. Children have the right to privacy, freedom of expression, protection from exploitation, and freedom from violence, abuse, and neglect. Governments are responsible for ensuring children's survival, development, and protection, and they must take into account how their decisions will affect children.
Executive Order (E.O.) 13045, issued by President Clinton in 1997, specifically addresses environmental health and safety risks that may disproportionately affect children. It mandates that the EPA evaluates the effects of regulations on children and considers alternatives to mitigate these risks.
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Children as tenants
The laws regarding children and rental units are specific and strict, and they vary depending on the location. In the US, the Federal Fair Housing Act prevents discrimination based on factors such as race, disability, religion, sex, and
Landlords must use the same screening criteria for families with children as they would for any other applicant and give them a fair and unbiased opportunity to rent the home. They cannot ask if an applicant has or plans to have children, but they can ask for the names of all people who will be living at the rental and require all adults to sign the lease or rental agreement. Landlords can also limit the number of persons in an apartment without specifying how many can be children.
In some cases, children may be considered tenants if they are paying rent to their family members who own the property. This can have legal implications, such as income tax on the rent paid and the need to notify the tax authorities. However, it is important to note that in many states, any child under the age of 18 is not considered an occupant or tenant.
When it comes to setting rules for rental properties, landlords must be careful not to disproportionately affect children. For example, they cannot restrict children from using certain apartments or playing in common areas, as this would be a violation of fair housing laws. Landlords can, however, make rules about quiet hours, pool usage, and designated areas for riding bikes and scooters, as long as these rules are applied consistently to all tenants.
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Lease agreements and financial responsibility
When it comes to financial responsibility, landlords can require all adults living in the rental property to sign the lease or rental agreement. This includes adult children, who can be added to the lease through a Lease Amendment or Lease Renewal Agreement. Including all adults in the lease agreement clarifies their financial responsibility for rent, utilities, and damage costs. However, it is important to note that the primary tenant, usually the parent or guardian, remains solely responsible for lease obligations if the lease agreement names them as such. In this case, adult children are not legally obligated to cover the rent if the primary tenant cannot pay.
The financial responsibility of adult children can vary depending on the specific lease agreement. Some agreements may include all adult occupants as jointly and severally liable for the full rent amount, while others may specify the primary tenant as the sole responsible party. When an occupant turns 18, they are legally considered adults, and landlords should initiate a review of the lease agreement. Landlords can offer to add the newly adult occupant as a formal tenant, which includes background checks and financial assessments.
It is important to note that landlords cannot discriminate against tenants with children by requiring additional deposits, charging higher rent, or restricting their renting options. Landlords must use the same screening criteria for all applicants, regardless of familial status. While landlords can set rules to keep the rental property safe and habitable for all tenants, they cannot single out children in these property rules. For example, landlords can define quiet hours that apply equally to all tenants but cannot specifically prohibit children from playing in the hallway, as this would violate fair housing laws.
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Frequently asked questions
No, landlords cannot ask if an applicant has children or plans to have children. However, they can ask for the names of all people who will be living at the rental and require all adults to sign the lease or rental agreement.
No, landlords must follow fair housing laws and cannot discriminate against families with children. Refusing to rent to a family with children or requiring different rental terms is a violation of federal law. Landlords must use the same screening criteria and give families with children an unbiased opportunity to rent the home.
If your child turns 18, they may be added to the lease as a formal tenant, assuming the same rights and responsibilities. However, this depends on the lease agreement and local laws, and some rental policies allow the child to continue residing without being added as a tenant. In such cases, the primary tenant remains solely responsible for the lease obligations.
