What is housing discrimination?

Housing discrimination occurs when rules are made that apply only to families with minor children. For example, there may be a rule that states, “Children must be supervised while playing in the common areas.” Or, there might be a rule which says, “No playing with balls, riding bicycles or riding scooters.” These rules attempt to restrict the activities of children and in most cases this is illegal. Children have the right to go outside during the day and play. This is true even though other tenants may be trying to sleep during the day or when other tenants are bothered by the noise children are making. If you are being contacted by the apartment manager or owner because of activities involving your children, then you may have been discriminated against. Please contact us to discuss your situation and we will let you know whether or not the actions taken against you were illegal.


Is it legal for an apartment complex to have rules which prohibit children from riding bicycles, playing with toys and in general making normal kid noise outside?

An apartment can make rules against children only if there is some type of potential danger to the children and if the rule is not too broad.  Generally, rules that prohibit riding bicycles, riding scooters and skateboards, or playing with toy are illegal.

Is it legal for an apartment complex to prohibit kids from making noise outside because other tenants sleep during the day?

If an apartment has a rule which does not allow children to play outside during the day because other tenants are sleeping, this rule is illegal. The law states that it is a common known fact that children make noise and that adults have to put up with the noise children make as long as the children are not being unreasonably loud.  Sometimes, children can be too loud. For example, if children are running around an apartment complex at midnight playing hide and go seek and screaming, then it would be reasonable to ask them to be quiet. However, rules which generally state that children must be quiet during the daylight hours are illegal.

Can an apartment restrict children from playing with a football or soccer ball because a window might be broken?

In most cases an apartment complex cannot make rules which restrict children from playing with a ball because a window may be broken. If a child breaks a window, then it is the responsibility of that child’s parents to pay for a new window. However, the apartment is not allowed to make rules restricting children from playing with a ball because the apartment owner does not want any windows to get broken.

Do I have to supervise my children while they play in the pool?

If there is a rule requiring that young children (age 14 and under) be supervised by an adult while using the pool, then this rule is probably legal. However, if there is a rule which states that, “Anyone under 18 years old must be supervised while in the pool” or “Children must be supervised” then these rules are too broad and probably illegal.

Can an apartment complex make a rule prohibiting children from playing on the grass common areas because the children will kill the grass or break a sprinkler?

Rules prohibiting children from playing on the grass areas because the grass may be killed or a sprinkler broken are illegal. If a child breaks a sprinkler, then the parent can be asked to pay for the replacement cost.  Just about any rule which prohibits children from playing in the grass common areas will likely be found to be illegal.

Is an apartment complex allowed to have “adult only” swimming hours at the pool?

No. This rule restricts children from using the pool at a certain time while the pool is open. During pool hours children have the right to go swimming at any time. Some apartment complexes restrict access to a hot tub due to the fact that some children may be too young to sit in hot water. A rule of this type may be legal.

Cannot I be evicted for filing a discrimination lawsuit?  What if I lose the lawsuit?

It is illegal for an apartment complex to try and evict you as retaliation because you have filed a discrimination lawsuit.  It does not matter whether or not you lose the lawsuit.  If you choose to hire this law office to represent you in a discrimination lawsuit, and the owner attempts to evict you, then we will take action to stop the eviction.