May 20, 2005Back to the Table of Contents Page
Back to the Voice Home Page
Classifieds
|
Publication Date: Friday, May 20, 2005
Rentwatch
</I>Rentwatch </P>
(May 20, 2005) Q: I own an apartment complex. There is a large park-like area between the four buildings with a laundry building in the middle. I have posted rules prohibiting bicycles, skates, skateboards, balls, etc., in an effort to keep the complex quiet and livable for everyone. Recently, one of the tenants approached me saying that she believed the rules were too strict, because they basically prohibit children from playing in the complex. This is true. In fact, when my managers see children playing, we ask them to be quiet and to go to the city park down the street. My tenant suggested that this might violate fair housing laws. I don't want to discriminate against families with children, but I do want a quiet complex. What can I do?
A: Your rules and the way your managers implement them may indeed violate fair housing laws. When people live in close quarters, some level of noise must be expected. When your tenants are doing laundry, it may be important for them to have their children playing nearby. If your rules prohibit most activities that children would engage in, they might be overly restrictive, and discriminatory under the law. You may want to examine whether the rules are truly necessary for health and safety reasons. For example, riding bicycles and skateboards on narrow footpaths could be dangerous. Prohibiting bikes and skateboards on those paths may be quite reasonable. But prohibiting any noise at all, even the regular noise children might make in normal play during daytime hours may be so restrictive that it discourages families from living there. Additionally, you should cease having your managers directing the children "down the street." This action could have liability consequences for you. Please contact your local fair housing agency to discuss any questions you may have about overly restrictive rules regarding children's play. Project Sentinel serves persons in the counties of Stanislaus, San Francisco, San Mateo, Santa Clara, and in the city of Fremont. Our phone number is (888) 324-7468.
E-mail a friend a link to this story. | |
