No. The law doesn’t allow a landlord to require children to be supervised when outside unless there is a compelling reason to justify such. A “compelling reason” is not something trivial such as the landlord’s desire for peace and quiet, or that he does not want children running around unattended. Rather, a compelling reason is a situation where the child would be in imminent danger if he wasn’t supervised, such as requiring supervision of young children in a pool. Otherwise, the landlord cannot require supervision of kids. The reality is that some landlords demand that children be supervised (even teenagers) because it’s their way to keep kids out of the common areas, thus ensuring a peaceful and quiet complex. This is not allowed. As one particular court noted, “Common sense also dictates parents are responsible for supervising the activities of their young children without the need for a written rule. Just as one who enters a national forest does not require a written rule stating it is unlawful to start a forest fire or one entering the Redwood forest does not require a written rule about cutting the old growth, neither does a parent need to be instructed by apartment rules not to leave a young child unsupervised.”

No and yes. No, you cannot be evicted if your kids make normal kid noises during normal hours (usually between 8:00 a.m. and 9:00 p.m.). It is perfectly okay for kids to run, laugh, giggle, and make some noise inside and outside of their apartment. One particular court ruled that a written apartment rule which stated “Children will not be allowed to play or run around inside the building area at any time because of disturbance to other tenants or damage to building property” violated fair housing laws. In short, children are allowed to laugh, play, run outside, and make noise. You cannot be evicted for letting them do so. Moreover, a landlord cannot silence such behavior simply because other tenants don’t like the noise, or claim that it interferes with their daytime sleep. If a landlord tries to evict you for having let your children play, then please contact us. We can help you.

On the other hand, you can be evicted if your kids make unusually loud noises at odd hours, such as playing drums at 1:00 a.m. or turning on the stereo full blast at midnight. Common sense dictates when noise is unreasonably loud.

You will be relieved to know that the law will not require you to abide by illegal apartment rules simply because you signed a lease agreeing to do so. A federal court recently addressed this very issued, and ruled that “a tenant cannot contract away his or her rights under the Fair Housing Act.” In other words, you are not bound to follow the rules of a lease simply because you signed it. If an apartment rule violates the law, then tenants are NEVER required to abide by the rules even if they signed a lease agreeing to do so. An apartment rule is always illegal if it violates anti-discrimination laws. If the landlord tries to evict you for refusing to follow an illegal apartment rule, then he has committed housing discrimination. As such, a rule which requires all children to be supervised in the common areas (other than the swimming pool) would clearly be illegal and would be unenforceable. You would not be required to follow such a rule, even if you signed a lease agreeing to do so. A landlord does not have the power to cancel fair housing laws.

You will be relieved to know that the law will not require you to abide by illegal apartment rules simply because you signed a lease agreeing to do so. If an apartment rule violates the law, then tenants are NEVER required to abide by the rules even if they signed a lease agreeing to do so. An apartment rule is always illegal if it violates anti-discrimination laws. Your landlord cannot take your rights away by forcing you to sign a lease that takes away such rights. Such a lease is unenforceable. If the landlord tries to evict you for refusing to follow an illegal apartment rule, then he has committed housing discrimination.

No. Multiple courts have ruled that it is illegal for landlords to impose a curfew upon children. The Fair Housing Act makes it illegal for a landlord to enforce a curfew against children. As such, a landlord cannot enforce a rule that requires children to come inside at a given time. It is the responsibility of parents to determine when to bring their children inside, not the landlord’s.

It is illegal for a landlord to refuse to rent to a single parent or family with children. For example, a single woman applies to rent a one bedroom apartment with her six-year-old daughter. The landlord tells her that children have to have their own bedroom, so they cannot rent the one bedroom apartment. The landlord has just discriminated against this woman because of the fact that she had a child.

It is illegal for a landlord to refuse to rent to a single parent or family with children. For example, a single woman applies to rent a one bedroom apartment with her six-year-old daughter. The landlord tells her that children have to have their own bedroom, so they cannot rent the one bedroom apartment. The landlord has just discriminated against this woman because of the fact that she had a child. The same applies to any discrimination against single males or families due to the presence of children.

An African American man sees a “for rent” sign out in front of an apartment complex. He asks if he can see the apartment but is told it was just rented. Later, he sees the sign again, asks again, and is told the same. He then asks a white friend to inquire, and the friend is told the apartment is available. This is a clear case of unlawful racial discrimination in housing.

No. It is against federal law for a landlord to evict someone who has filed a lawsuit for discrimination. The courts will not allow a landlord to evict someone in retaliation for them having filed a discrimination lawsuit. This is true even if you were to lose your lawsuit. Courts want people to sue for discrimination without having to worry about what will happen if they lose the case.

No. Federal law prohibits a landlord from retaliating against anyone who sues for discrimination. A landlord cannot do anything in response to you suing for discrimination: He cannot raise your rent, evict you, fine you, take away your parking space, or do anything else that is punitive. This is true even if you were to lose your lawsuit. Courts want people to sue for discrimination without having to worry about what will happen if they lose the case.

No. Federal law does not allow a landlord to evict you if you lose a discrimination lawsuit. If your landlord attempted to evict you after you lost such a case, this would directly violate federal law. In sum, if you file a lawsuit for discrimination, you do not have to win the lawsuit to avoid being evicted. You get to stay in your apartment no matter what the outcome of the lawsuit is.

No. You don’t need to file a lawsuit to receive the protections provided by federal law. If you object to the landlord about apartment rules that unfairly discriminate against children, then the law prohibits him from retaliating against you in any manner. If he does so, his act of retaliation is a violation of law.

No. A landlord cannot refuse to renew your lease simply because your kids are noisy or they play outside. Peace and quiet for the community does not allow the landlord to refuse to renew your lease. A failure to renew your lease is a violation of law. One particular court ruled that a written apartment rule which stated “Children will not be allowed to play or run around inside the building area at any time because of disturbance to other tenants or damage to building property” violated fair housing laws.

No and yes. No, you cannot be evicted if your kids make normal kid noises during normal hours. It is perfectly okay for kids to run, laugh, giggle, and make some noise inside and outside of their apartment. One particular court ruled that a written apartment rule which stated “Children will not be allowed to play or run around inside the building area at any time because of disturbance to other tenants or damage to building property” violated fair housing laws. In short, children are allowed to laugh, play, run outside, and make noise. You cannot be evicted for letting them do so. On the other hand, you can be evicted if your kids make unusually loud noises at odd hours.

The Fair Housing Act is a federal law that prohibits discrimination in apartment complexes and condominiums against families. The Fair Housing Act makes it illegal for a landlord to refuse to rent to families with children, or to refuse to allow children to play outside in common areas, or to require supervision of children (other than in clearly dangerous situations). The point behind the Fair Housing Act is that it is the parent’s responsibility to monitor their own kids, not the landlord’s right. As one court noted, “Common sense also dictates parents are responsible for supervising the activities of their young children without the need for a written rule. Just as one who enters a national forest does not require a written rule stating it is unlawful to start a forest fire or one entering the Redwood forest does not require a written rule about cutting the old growth, neither does a parent need to be instructed by apartment rules not to leave a young child unsupervised.” Another court put it more succinctly, “As a general rule, safety judgments are for informed parents to make, not landlords.”

No. A landlord cannot require children to remain indoors. If a landlord requires a tenant to keep their children locked up indoors at all times, then this is illegal. A landlord may not penalize families who allow their children to play outdoors at the apartment complex. It is illegal for a landlord to claim that the peace and quiet of the tenants requires that children not play outside. Simply put, children are allowed to play outside and they may make reasonable noise while doing so. If a family is punished for their children acting like normal children (e.g. the kids aren’t lighting firecrackers or playing drums in the open courtyard), then this is illegal discrimination. One particular court ruled that a written apartment rule which stated “Children will not be allowed to play or run around inside the building area at any time because of disturbance to other tenants or damage to building property” violated fair housing laws.

No. Some landlords attempt to discriminate against children, however, they are afraid to draft rules that specifically single-out children. To make it appear that they are not specifically discriminating against children, they will draft rules that appear to be neutral. In most cases, this is an attempt to hide the fact that the landlord is actually trying to prevent children from playing. Courts don’t look at the specific words used in a rule, but, rather, look to see whether the rule disproportionately affects children. Any rule that disproportionately affects children when applied is considered to be discriminatory.

No. Every business in the country is fearful of these two things, but that does not mean that it can run roughshod over a person’s legal rights. By the same token, federal and state fair housing laws expressly protect the rights of families and children to be free from discrimination against children. A landlord’s personal fear of liability does not qualify as a compelling reason that would allow him to usurp a family’s federal and state fair housing rights. A compelling reason usually deals with a true, dangerous situation if the child is left alone, such as small children swimming in a pool unattended. If the landlord truly has a legitimate safety concern that he is trying to address, then he must take careful precautions to narrowly tailor a rule that will deal very specifically with a limited problem.

It is a common misconception that an apartment complex is free to make rules regulating the conduct of children. This is false, yet it happens frequently. As one court has aptly noted, “Safety judgments are for informed parents to make, not landlords.” In rare situations, apartments can make some limited rules against children. Absent the rare situation, it is illegal for apartments to have rules which prohibit children from playing outside, playing with toys, laughing, making noise, or having fun. One particular court ruled that a written apartment rule which stated “Children will not be allowed to play or run around inside the building area at any time because of disturbance to other tenants or damage to building property” violated fair housing laws.

In most cases, no. The Fair Housing Act states that it is unlawful for a landlord to make rules that attempt to control children. Your landlord cannot make rules that unfairly affect families with children. For example, it is illegal for an apartment complex to have rules that prohibit children living upstairs, from swimming in the pool, from playing outside, from playing with toys, or rules that prohibit children from crying loudly. Any rule that singles out children may be considered illegal and discriminatory against families that have children.

No. This is a completely illegal practice, but it happens all of the time. It is illegal for a landlord to segregate families with children into one particular area of the complex. Likewise, it is illegal for a landlord to prohibit families with children from living in a particular section of the complex, such as upstairs or in the “quiet area” of the complex. The law requires ALL tenants to put up with some noise from children, even if they don’t like it.

The landlord has an obligation to inform the neighbor to stop harassing your kids. If he fails to intervene, then the landlord violates discrimination laws by knowingly allowing tenant to continue to harass you and your kids.

No. Neither is a legitimate reason to require supervision. Every business in the country is fearful of these two things, but that does not mean that it can run roughshod over a person’s legal rights. By the same token, federal and state fair housing laws expressly protect the rights of families and children to be free from discrimination against children. By law, children are allowed to play outside just so long as there isn’t a compelling reason that would require supervision. A landlord’s personal fear of liability does not qualify as a compelling reason that would allow him to usurp a family’s federal and state fair housing rights.

No. Every business in the country is fearful of liability but that does not mean that it can run roughshod over a person’s legal rights. By law, children are allowed to play outside. A landlord’s personal fear of liability does not qualify as a compelling reason that would allow him to refuse to let children play outside. Courts are concerned about actual, real danger, not possible dangers that can occur. For example, there is clearly a risk if children are allowed to shoot bb guns, hit hard baseballs, or throw lawn darts in the common areas, as an injury could easily occur. Obviously, a landlord can prohibit such activities. However, there is no such risk if children toss sponge balls, blow bubbles, play hopscotch, or play badminton. There is no risk with these activities. A manager cannot prohibit kids from engaging in such activities.

No. If the rule is specifically aimed at teenagers (e.g. the rule says, “No teenagers may loiter on the premises”) then the rule is illegal. The landlord is required to treat teenagers equal to adults. A landlord cannot make rules that single out teenagers. By the same token, the landlord cannot refuse to allow teenagers to visit an apartment, simply because he is worried about them “causing trouble.” Teenagers cannot be singled out. They must be treated equally as adults.

No. It is illegal to exclude children from the pool at anytime while the pool is open. A complex cannot set aside time for adults only. It is also illegal to exclude children from the Jacuzzi, unless the child is physically too young to sit in a Jacuzzi. The pool and Jacuzzi must be accessible to children during the same hours that it is accessible to adults. The law does not permit a landlord to make separate rules for children, no matter how convenient it might be to adults. A child can only be excluded if it would clearly be too dangerous for the child to use the facility.

No. Your landlord will probably be surprised to learn that he cannot tell your children to quit playing inside of the apartment. Federal and state fair housing laws expressly require apartment dwellers to put up with normal, reasonable noise from children. This noise would clearly include noise made by children while playing in an apartment, provided that their conduct isn’t overtly unreasonable (e.g. jumping off their beds at 1:00 a.m., or playing the stereo on high late at night). The manager cannot evict you if your kids have been making normal noises while playing inside your apartment, such as laughing, giggling, or rolling on the floor. To do so is illegal. The law does NOT make another tenant’s desire for peace and quiet paramount to your children’s right to play in their apartment.

No. The law requires tenants to put up with reasonable noises made by children. The law expressly states that a desire for peace and quiet is NOT grounds for making rules against children. Children are allowed to play outside and they may make reasonable noise while doing so. If a family is punished for their children acting like normal children, then this is illegal discrimination. A landlord cannot insist upon a quiet complex. Children make noise. That’s part of being a kid. The law requires landlords and tenants to put up with such noises.

Yes and no. Generally speaking, a landlord cannot prohibit activities of children unless there is a compelling need to do so and the rule is not too invasive. It is not unusual for an apartment complex to post rules that state that skateboards, bicycles, and scooters are not allowed. Usually, these rules are enacted to put an end to annoying kids. This isn’t a legal reason for such rules. The landlord can only prohibit activity if there is a serious threat of injury if the activity is permitted to continue. Moreover, even if the possibility of injury can be shown, the rule cannot go too far. For example, it would be okay to prohibit bike riding on narrow sidewalks where there have been crashes, but it would go too far if it also prohibited toddler bicycles or push cars.

No. Some landlords use excuses like fear of broken sprinklers to prevent children from playing. This is not a legal justification for refusing to allow children to play on lawns or outside. Children are free to play on lawns. If a sprinkler is broken, a landlord is free to bill the parent the cost of replacement, but they cannot use this as an excuse to prevent all children from playing on lawns.

No. A landlord cannot force a woman to move out simply because she is pregnant, nor can families be evicted because their baby cries. Fair housing laws recognize that three people can share a one-bedroom apartment. Any remaining bedrooms can have up to two people in each bedroom. If the addition of a new baby will not exceed the occupancy limits, then it is illegal for a landlord to require a tenant who has a baby to move out.

In addition, a landlord cannot force a family with a new baby to move out because the landlord is worried that a crying baby will upset neighbors. Neighbors are required to put up with the sounds of crying babies. Federal law protects families of newborn babies. If a landlord threatens to evict a family because their baby cries too much, or cries at odd hours, then the landlord has violated fair housing laws. Babies are allowed to cry at any hour and a landlord is required to put up with it.

No. A Homeowner’s Association (HOA) cannot enact rules that prohibit children from playing outside. This would be illegal. This is true even if the tenant is not an owner of a unit at the complex, but merely a renter. Homeowners Associations do not have special status over apartment complexes. They don’t get to make their own rules, simply because they own the place. Fair Housing laws apply to all housing, not just apartment complexes. HOA’s are not immune from Fair Housing laws. Fair Housing laws prohibit HOA’s from materially restricting the children of renters and children of owners from playing outside. Any rule enacted by an HOA that materially interferes with children from playing outside is illegal.

No. Any attempts to fine someone for letting their children play outside is completely illegal.

No. It is illegal for an HOA to set up a playground and then declare that children can only play on that playground and nowhere else in the complex. Children are free to play in open lawns, sidewalks, and open areas. The HOA cannot restrict this activity. Any rule or CC&R that declares that children can only play in a designated area would not be enforceable.

No. Day sleepers are required to accommodate children who make noise while playing during the day. Your HOA or landlord cannot prohibit children from playing merely because tenants who sleep during the day prefer peace and quiet.

Yes. American laws protect all people who are in the United States, regardless of whether they are Americans, or if they are an undocumented resident. You do NOT have to be an American citizen to file a lawsuit for housing discrimination.

No. A landlord cannot refuse to allow kids to play outside on the basis that they are not legal American citizens. This would be a complete violation of federal law. Federal law prohibits discrimination against children –– regardless of whether that child is an American citizen. All kids are protected by these laws, even undocumented residents.

No. A person can never be sent to jail for losing a housing discrimination lawsuit. American courts do not send people to jail for losing civil lawsuits. A housing discrimination lawsuit is a civil lawsuit.

In some cases, we will accept your case and not require you to pay unless you win money at trial or settle the case. If we accept your case and cannot recover any money for you, then you will owe nothing to us for our efforts.