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Sam, Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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Can I advertise to prospective tenants if they have children

Customer Question

can I advertise to prospective tenants if they have children they must be 12 yrs old or older? I have some property on a private lake and am afraid small children might fall in and drown.
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  Sam replied 4 months ago.


This is Samuel.

Unfortunately, the answer is NO. It would be considered discrimination based on Familial status. The federal Fair Housing Act of 1968 and the federal Fair Housing Act Amendments Act of 1988 prohibit discrimination on the basis of the following protected classes:
race or color; religion; national origin; familial status or age—includes families with children under the age of 18 and pregnant women; disability or handicap, or sex.

The federal Fair Housing Acts apply to all aspects of the landlord-tenant relationship. A landlord may not:

  • advertise or make any statement that indicates a limitation or preference based on race, religion, or any other protected category

  • falsely deny that a rental unit is available

  • set more restrictive standards for selecting tenants or refuse to rent to members of certain groups

  • before or during the tenancy, set different terms, conditions, or privileges for rental of a dwelling unit, such as requiring larger deposits of some tenants or adopting an inconsistent policy of responding to late rent payments

  • terminate a tenancy for a discriminatory reason.

Expert:  Sam replied 4 months ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

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