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Can the CCR's of A Housing Association Prevent Children Under 18 From Living There?

Can the CCR's of A Housing Association Prevent Children Under 18 From Living There?

Q: What are the exceptions to age restrictions in housing?

The Fair Housing Act allows age restrictions primarily for designated senior housing, such as over-55 communities. In these cases, at least 80% of the units must be occupied by individuals aged 55 or older. Outside of these exceptions, age restrictions that prevent children from living in a property are generally not permitted.

Q: Are there any legal age restrictions for community rules?

Community rules can set age-related guidelines, but they must not discriminate against children. For example, rules should focus on behavior rather than age, like stating that certain areas are off-limits without specifying age. This approach helps comply with the Fair Housing Act.

Q: What should I do if I encounter age discrimination in housing?

If you believe you are facing age discrimination in housing, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). They investigate claims of discrimination under the Fair Housing Act. It's important to document any instances of discriminatory practices to support your case.

Full question:

In reviewing the CC&Rs for a single family home under contract, I noted that no residents under 18 years of age are allowed. I understand that there are allowed age restrictions for over-55 communities, but is an 18-yr age restriction allowed or is this a violation of Fair Housing?

Category: Real Property
Subcategory: Homeowner's Association
Date: 04/07/2025
State: Arizona

Answer:

The Fair Housing Act prevents many types of discrimination in housing. It prohibits discrimination against families with children under 18. That's considered discrimination based on familial status.

For example, rather than saying, 'Children may not play in the driveway,' the rules should state, 'Persons may not play in the driveway.' A pool rule, rather than saying, 'People under the age of X must be accompanied by a person over the age of Y,' should state state, 'If you're under 48 inches tall, you must be accompanied by a person over 48 inches tall.'

FAQs

Can a landlord refuse to rent to families with children?

No, a landlord cannot refuse to rent to families with children under the Fair Housing Act. This law protects against discrimination based on familial status, which includes families with children under 18. Any rental policy that explicitly excludes families with children is considered discriminatory and illegal.