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Can a landlord prohibit tenants from having children in New York?

Can a landlord prohibit tenants from having children in New York?

Q: Can a landlord tell you you can't have kids?

No, a landlord cannot legally tell you that you cannot have children in New York. Such a restriction would violate fair housing laws, specifically prohibiting discrimination based on familial status. Any lease agreement that includes such a clause would be considered illegal.

Q: Do children count as occupants?

Yes, children are considered occupants in a rental unit. Landlords must include all occupants, including children, when determining the maximum number of tenants allowed in a rental property. This is important for compliance with local housing codes and lease agreements.

Q: Can you refuse to rent to a woman with children?

No, you cannot refuse to rent to a woman with children in New York. Doing so would be considered discrimination based on familial status, which is illegal under both state and federal fair housing laws. Landlords must treat all applicants equally, regardless of whether they have children.

Full question:

I am on a lookout for a tenant for my two-bedroom house in New York. I prefer unmarried or childless couple, as I hate kids. I wanna know if it is possible for a landlord to have it in the rental agreement itself that the tenant won't be planning for family or having kids during the term of the tenancy?

Category: Landlord Tenant
Date: 04/07/2025
State: New York

Answer:

No, a landlord cannot include such a clause in the rental agreement. In New York, it is illegal for landlords to stipulate that tenants cannot have children during their tenancy. According to NY CLS Real P § 237, any lease that includes a provision requiring tenants to remain childless or not bear children is considered a violation of the law.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What can a landlord not do in New York State?

In New York State, landlords cannot discriminate against tenants based on familial status, which includes having children. They also cannot refuse to rent based on race, color, religion, sex, national origin, disability, or sexual orientation. Additionally, landlords cannot retaliate against tenants for exercising their legal rights or impose unreasonable restrictions on tenants' use of their rental property.