Kids have rights too

Unruly and destructive children can be a menace in apartment communities. Graffiti, property damage and fighting can be costly for the owners and property managers. But controlling the problem by making rules specifically for children is illegal. Rules like early curfews for minors or restricting the activities of minors only are illegal. Singling out “children” or families with children for special rules would violate the legal protection for “familial status” under the Federal Fair Housing Act.

Reasonable restrictions on small children regarding use of the pool and Jacuzzi would not be illegal. No one wants to allow a 3-year-old alone and unsupervised near the pool or other unsafe areas. The results could be tragic. Parents need to supervise their children and generally have the legal obligation to do so. Also, anyone who must live in an apartment or other closed community should expect to abide by the reasonable rules and regulations of that community.

If property managers or parents have questions about the rules in their community, they should call their local city or county offices for a referral to a Fair Housing Service Provider for their area. Many provide landlord-tenant dispute assistance and Fair Housing (housing discrimination) guidance and training free of charge. Before you find yourself on the wrong end of an investigation for Fair Housing violations, find out what the rules really are and get help from a professional service provider.

Kelly Matthews

Fair Housing

Program Manager

North County Lifeline