Earlier this week, the U.S. Department of Housing and Urban Development (HUD) sent out a press release to note that it charged a Texas property owner and management company with discriminating against families with children in violation of the federal Fair Housing Act (FHA). In its charge, HUD asserts the owners and management company at El Patrimonio Apartments threatened to fine a family $250 because their two children played in the community area of the complex. Families with children under the age of 18, of course, are one of the seven protected classes in our FHA.

The complaint also alleges that management enacted a policy that mandated children under the age of 18 to be supervised by an adult family member while on the property (including in the pool area) or face a $250 fine. In one specific instance, residents with children were threatened with a fine as their two kids were playing in a community area while being supervised by adults who were not blood relatives.

While there are always two sides to every story, and it is likely management will assert safety as the reason for this type of policy, HUD is clear that if we impose different rules and restrictions on families because they have children, those policies will be subject to scrutiny should a complaint be filed.

When faced with these types of issues, I advise that we work to develop a policies that are neutral on their face and will, I hope, be found to comply with the FHA and its state law counterpart. For example, when dealing with community pools, one option could be to draft your rules to read that anyone unable to swim needs to be supervised by someone who can. That avoids the easy familial status claim as age has nothing to do with the rule.

Just A Thought.

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