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ARTICLE · 05 OCTOBER 2015

"No Pets Allowed" Or "No Children Allowed" — Anything Wrong With Either Sign?

Fox Rothschild LLP
Fox Rothschild LLP
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While you can absolutely decide not to permit pets at your apartment community, the general rule is that you cannot restrict children.

United StatesReal Estate and Construction

Here are two signs posted at an apartment community:

"NO PETS ALLOWED"      "NO CHILDREN ALLOWED"

Anything wrong with either sign?

While you can absolutely decide not to permit pets at your apartment community, the general rule is that you cannot restrict children.  The Fair Housing Act (FHA) was amended in 1988 to include "familial status" (legalese for "families with children") as a protected class.  That means, for the most part, management cannot simply declare that a building is for adults only (I know there are limited exceptions in the law for communities designated for those aged 55 and over, and if you are interested in such a community, I can help you with the necessary certifications).  The rules still applies even if motives are good – perhaps you are concerned about safety as a building is on a crowded street or perhaps that the stairs in your old building are steep – children simply cannot be a reason for you to reject a family. 

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