Can the CCR's of A Housing Association Prevent Children Under 18 From Living There?
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?
08/03/2011 |
Category: Real Property ยป Homeowner's ... |
State: Arizona |
#25275
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.'
See also:
http://www.neighborhoodlink.com/article/Community/Protecting_Age-Restricted_Status