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Can a landlord to add a clause in the rental agreement, stating that the tenant’s will not plan for a family during the term of the tenancy?

Can a landlord to add a clause in the rental agreement, stating that the tenant’s will not plan for a family during the term of the tenancy?

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, you cannot have such a clause in the agreement. In New York, a landlord is not allowed to put a clause in the rental agreement, saying that the tenants cannot have kids during the entire term of their tenancy.

NY CLS Real P § 237 reads:

“Any person, firm or corporation owning or having in charge any apartment house, tenement house or other building or mobile home park used for dwelling purposes who shall, in any lease of any or part of any such building or mobile home park, have a clause therein providing that during the term thereof the tenants shall remain childless or shall not bear children, shall be guilty of a violation.”

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.