Maya Chen
Landlords are generally not allowed to refuse to rent to tenants with children. In the US, the Fair Housing Act forbids discrimination against protected groups of people, which includes families with children. This applies to both property management companies and individual property owners. However, landlords can limit the total number of tenants in a property to comply with legal overcrowding standards. While landlords can set policies and rules for their properties, these must be applied consistently to all applicants and cannot be adjusted for specific groups, such as families with children. Screening criteria must also be applied consistently to all applicants, regardless of familial status.
| Characteristics | Values |
|---|---|
| Legal | In the US, the Fair Housing Act forbids landlords to discriminate against protected groups of people, which includes families with children. However, this may depend on the state and local laws. For example, in Seattle, a non-family roommate can be required to join the rental agreement, but immediate family cannot be denied occupancy. |
| Advertising | It is recommended not to include any discriminatory criteria in advertisements. |
| Screening | Screening criteria must be the same for all added household members. |
| Rent | Landlords can set the number of people allowed to live in their home but cannot state the number of children. Rent can be charged per room, per person, or per condo, but additional rent cannot be charged for children. |
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What You'll Learn
Landlord rights and limitations
Landlords are generally prohibited from refusing to rent to families with children. This is considered discrimination and is illegal in most countries and states. The Fair Housing Act of 1968 made it illegal for landlords to discriminate against prospective tenants with children under the age of 18. Familial status is a protected class under this law, along with national origin, race, religion, disability, sex, or handicap.
However, there are some exceptions to this. For example, if the landlord lives in the unit, they may be able to disallow children. In the United States, landlords may also refuse to rent to families with children if the housing is set aside solely for seniors or citizens aged 55 or older. Landlords may also limit the total number of people living in an apartment to comply with legal overcrowding standards.
While landlords cannot refuse to rent to families with children, they can make rules intended to protect child safety, as long as these rules are specifically tailored to the safety needs of certain children. For example, most apartment complexes with pools set an age limit for children using the pool without supervision. These age limits are generally enforced by courts as long as they are reasonably limited. Landlords can also enforce reasonable noise restrictions in most states, such as setting "quiet hours" or prohibiting excessively loud noises in common areas.
It is important to note that laws regarding children and rental units are specific and often strict, so landlords should consult with an attorney before making any rules that might disproportionately affect children.
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Tenant rights
As a tenant, you have certain rights that are protected by law. These rights vary depending on your location, but there are some general principles that apply in most places. Firstly, it is important to understand the difference between a tenant and an occupant. A tenant is typically someone who has signed a lease agreement and has legal rights and responsibilities, including paying rent on time, complying with lease terms, and maintaining the property. On the other hand, an occupant may not have the same legal rights and responsibilities as a tenant, especially if they are not listed on the lease.
In most jurisdictions, it is illegal for a landlord to discriminate against tenants or prospective tenants based on certain protected characteristics, such as race, national origin, disability, age, and family status. This means that a landlord cannot refuse to rent to someone or set discriminatory preferences in a rental advertisement simply because they have children. Additionally, landlords cannot take action to end a tenancy for discriminatory reasons and must comply with state rules and procedures if they wish to evict a tenant.
If you are sharing a home with roommates, it is important to understand your rights and obligations as a co-tenant. All co-tenants have identical rights and obligations, regardless of when they signed the lease. Each co-tenant is independently liable to the landlord for the full amount of rent, even if they have agreed to split it among themselves. It is important to note that a breach of an agreement among co-tenants does not affect the agreement between the co-tenants and the landlord. However, a landlord has the right to terminate the lease with respect to all tenants if one co-tenant breaches the lease, such as by damaging the property or violating occupancy limits.
In the case of a dispute with a co-tenant, it is essential to understand that you cannot legally evict them or change the locks, as eviction is a process reserved for landlords. While it may not be enforceable in court, it is recommended to address major aspects of the tenancy in advance and put any resolutions in a written agreement. If the situation escalates to violence or threatens your safety, you should involve the police, and the landlord may initiate eviction proceedings against the offending roommate.
Lastly, landlords have specific legal responsibilities that they must uphold. In almost every state, landlords are responsible for maintaining the rental unit in a habitable condition and making major repairs to address problems that make the unit unlivable. They must address environmental hazards, take security precautions, and respect the tenant's right to privacy by providing reasonable notice before entering the premises.
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Discrimination laws
While some landlords may be hesitant to rent to tenants with children due to concerns about noise and property damage, familial status is a protected class under the Fair Housing Act. This means that landlords cannot refuse to rent to someone because they have children, nor can they impose special terms or conditions on tenants with children unless these standards are applied to everyone. For example, a landlord cannot insist that children must have their own bedroom or restrict them to ground-floor apartments. However, there are limited exceptions to the law, such as when the number of occupants exceeds fire code regulations or in the case of senior residential complexes for citizens aged 55 or older.
In addition to federal law, some states have their own fair housing laws that provide additional protections. For example, in California, the California Civil Rights Department (CRD) enforces state fair housing laws that make it illegal to discriminate or harass someone based on protected characteristics such as gender, race, national origin, sexual orientation, gender identity, or religion. Maryland law also provides protections based on marital status, sexual orientation, and gender identification, going beyond federal law in these respects.
It is important to note that unlawful discrimination may take on more subtle forms, such as referring prospective tenants to another development or building, which could be considered illegal racial steering. Landlords must be careful not to make discriminatory statements, notices, or advertisements, even if they are allowed to set specific criteria for tenants. While some distinctions in tenant selection are lawful, such as rental history or income, unlawful discrimination occurs when it is based on a person's membership in a protected group rather than merit.
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Screening criteria
Consistency and Fairness:
It is crucial to apply the same screening criteria to all applicants, regardless of whether they have children or not. Consistency helps avoid any allegations of discrimination or unfair treatment.
Legal Compliance:
Familiarize yourself with the relevant laws and regulations in your area. In the United States, the Fair Housing Act and familial status federal housing law protect families with children from discrimination. These laws vary from state to state, so seek professional advice to ensure your screening criteria comply with local legislation.
Number of Occupants:
You can set a limit on the total number of occupants allowed in your rental property, but you cannot specifically restrict the number of children. Ensure that your criteria focus on the overall number of occupants rather than targeting families with children.
Safety Policies:
Implement safety policies and rules that apply to all applicants, not just those with children. These policies should aim to create a safe and comfortable living environment for all housemates.
Rental Agreement:
Clearly outline the terms of the rental agreement, including any requirements for non-family roommates to join the agreement. Be transparent about the process and provide adequate notice periods, as required by law.
Non-Discriminatory Language:
Avoid using discriminatory language or criteria in your screening process. Refrain from mentioning children specifically in your criteria or advertisements. Instead, focus on general qualifications and suitability for the rental property.
Equal Opportunities:
As a property owner or manager, treat every applicant equally. Do not direct applicants with children towards specific properties or floor levels. Give them the same opportunities as other applicants to choose the rental units they prefer.
Remember, the specific laws and regulations regarding tenant screening may vary depending on your location. Always seek legal advice to ensure your screening criteria comply with all applicable laws and protect yourself from potential liability.
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Occupancy standards
According to the U.S. Department of Housing and Urban Development (HUD), public housing agencies should establish reasonable occupancy standards to balance assisting as many people as possible without overcrowding the unit or causing vacancies. While not a law, HUD recommends a general occupancy limit of two people per bedroom. This standard is endorsed as a reasonable rule for most properties, ensuring that housing standards are not more restrictive.
However, landlords must be cautious when setting occupancy limits to avoid discrimination against families or children. The Fair Housing Act of 1968 and its Amendments Act of 1988 prohibit discrimination based on familial status, which includes families with children under 18 and pregnant women. The 1991 Keating Memo further clarifies that landlords must consider factors like children's ages and unit square footage when setting limits. It is illegal to limit the number of units rented to families with children or to implement policies that restrict the number of children per unit.
To ensure compliance, landlords should refer to local and state laws, which may have specific mandates. For example, California enforces a "two-plus-one" formula, allowing two people per bedroom with one additional person in the living space. Landlords can also include a "Limits on Use and Occupancy" clause in their lease agreements, specifying that only the signing adults and their minor children are permitted residents.
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Frequently asked questions
It depends on the state you live in, but generally, landlords cannot refuse to rent to tenants with children. The Fair Housing Act forbids discrimination against protected groups, which include families with children.
No, you must apply the same rules and policies to all tenants, regardless of whether they have children or not.
Landlords can limit the total number of tenants in a property but cannot limit the number of children.
Yes, as a landlord, you are not required to disclose why a tenant was declined. However, you must be careful not to discriminate against tenants with children as it is illegal in most states.
Yes, a non-family roommate can be required to join the rental agreement with written notice. If they do not join within the specified timeframe, they must vacate the premises.
