Federal and state Fair Housing Laws prohibit discrimination against families with children. Children have the right to enjoy housing amenities fully, in the same way as all other residents. Any rules that restrict the use of housing amenities, or their access, to children violate those laws even if the rules are well intentioned. Rules enacted by homeowner associations and apartment building owners must be neutral in both their intent and effect. The best policy is to avoid the words "children" or "child" in any rules, and to make certain that rules target behavior and not people.

Following are examples of commonly used rules that are dangerous for homeowner associations and apartment building owners:

1. No running, playing, (yelling), scooter riding, bike riding, or skateboard riding is permitted in the common areas.
2. Children under the age of 12 may use the pool only if an adult is in attendance; and
3. Children under the age of 12 may not be in the common areas unattended by an adult after dark.

Remember, Fair Housing Testers are employed by the government to pose as potential apartment renters or condominium owners or guests. Their intent is to spot violations of the fair housing laws so they can impose fines that start at $21,410. Such fines do not include actual damages claimed, attorneys fees, and court costs.

Just a few of the terms that should be avoided in any form of advertising or conversation include: (1) great schools: (2) walking distance, (3) quiet neighborhood, (4) play area, (5) handyman special, (6) close to churches, and (7) near synagogues.

Operating Rules Available

Adopting and Amending Operating Rules