Renting to Families with Children: Fair Housing Rules and Safety Requirements Landlords Must Know

Renting to tenants with children involves specific legal responsibilities that can feel complex. Navigating fair housing laws and safety requirements is crucial for protecting your business and providing a safe home for your residents. After reading this guide, you will understand your core obligations and be able to implement fair, consistent policies across your properties.

Understanding "Familial Status" and Fair Housing

The single most important concept to grasp is "familial status." Under the federal Fair Housing Act, familial status is a protected class, just like race, religion, or national origin. This means you cannot make housing decisions based on whether a household includes children.

What is Familial Status?

The protection applies to households that include:

• One or more individuals under the age of 18.
• A parent, legal guardian, or another person with legal custody.
• A designee of the parent or legal guardian (with written permission).
• A pregnant person or someone in the process of securing legal custody of a child.

Simply put, you cannot refuse to rent to qualified applicants because they have children. You also cannot impose different terms or conditions on them. This includes actions like charging a higher security deposit, restricting access to amenities, or steering families toward specific units or buildings.

Actions That Violate Fair Housing Laws

Avoid these common mistakes:

• Discriminatory Statements: Making any statement, written or verbal, that indicates a preference or limitation based on family status. This includes ads that say "no children" or "adults only."
• Different Terms: Charging families with children a higher rent or an extra "child fee." All financial terms must be consistent for all applicants and tenants.
• Steering: Discouraging families from renting certain units, such as an upper-floor apartment, out of a perceived concern for safety or noise. You must show all available units that meet the applicant's criteria.
• Restrictive Rules: Creating rules that apply only to children, such as curfews or barring them from common areas. All rules must apply to all residents equally.

Setting Occupancy Limits the Right Way

Landlords often ask if they can limit the number of people who live in a unit. The answer is yes, but you must do it carefully to avoid discriminating against families.

A common guideline, often called the "Keating Memo" standard, suggests that an occupancy policy of two persons per bedroom is generally reasonable. However, this is not a strict law. A blanket policy that is too restrictive could be seen as discriminatory if it has the effect of excluding families with children.

To set a legally sound occupancy policy, you should base it on objective, property-specific factors such as:

• The size and configuration of the unit, including the dimensions of the bedrooms and living spaces.
• The capacity of the septic or sewer system.
• State and local building and fire codes, which may specify maximum occupancy for certain dwellings.

The key is consistency. Your occupancy policy must be applied equally to all applicants. For example, if your policy allows three people in a one-bedroom unit, you cannot deny an applicant couple with one child while allowing three adult roommates.

Advertising Your Property Without Discrimination

Your marketing and advertising are the first points of contact with prospective tenants. It's essential that your language is inclusive and compliant with fair housing laws.

The golden rule is simple: describe the property, not the people you think should live there.

Compliant vs. Non-Compliant Language

• Instead of: "Quiet community, perfect for professionals."
  Use: "Top-floor unit with new windows and great natural light."
• Instead of: "Great for singles or a couple."
  Use: "Spacious one-bedroom apartment with an open floor plan."
• Instead of: "Close to great schools."
  Use: "Located with convenient access to Main Street and public transit."

Focus on the features, amenities, and location of the property itself. Let applicants decide if it fits their lifestyle and needs. Mentioning specific neighborhood features like schools can sometimes be interpreted as steering, so it's often safer to stick to factual descriptions of the unit and building.

Essential Safety Requirements and Disclosures

As a landlord, you have a general duty to ensure your property is safe and habitable. When it comes to families with children, certain safety issues become even more critical. While these measures benefit all residents, they are especially important for preventing accidents involving children.

Lead-Based Paint Disclosure

This is a federal requirement. If your rental property was built before 1978, you must provide all tenants with a lead-based paint disclosure form before they sign the lease. You must also give them a copy of the EPA's pamphlet, "Protect Your Family from Lead in Your Home." You are not required to test for lead, but you must disclose any known lead paint or lead-paint hazards.

Window Guards and Fall Prevention

Falls are a leading cause of injury for young children. Some states and cities have specific laws requiring the installation of window guards or stops in buildings where children reside, especially on upper floors. Check your local ordinances. Even if not mandated, installing window safety devices is a powerful safety measure and a recommended best practice.

Pool and Hot Tub Safety

If your property has a swimming pool or hot tub, you must comply with all local safety regulations. These typically include requirements for:

• Fencing: A fence of a certain height surrounding the entire pool area.
• Self-Closing, Self-Latching Gates: Gates that automatically close and latch to prevent unsupervised access.
• Safety Equipment: Keeping rescue equipment, like a life ring or shepherd's crook, readily available.

Post pool rules in a visible location. These rules must apply to all residents, not just children.

Creating and Enforcing Rules Fairly

You have the right to establish community rules to ensure the peaceful enjoyment and safety of all residents. However, these rules cannot single out children or families.

The rule must be about the behavior, not the person. A rule must be applied to every resident who engages in that behavior, whether they are 7 or 70.

For example, a rule that says, "No running or loud playing in the hallways," is likely discriminatory because it targets behavior common to children. A better, enforceable rule would be, "To ensure the quiet enjoyment of all residents, please do not create excessive noise in common areas like hallways."

This neutral rule can be enforced against a child running, a teenager playing loud music, or an adult having a loud conversation on their phone. The focus is on the impact of the behavior on other residents. This same logic applies to rules about using pools, fitness centers, or other community amenities.

Using a property management platform can help you standardize your rules and communicate them clearly and consistently to all tenants, creating a clear record that they were received. Keeping your lease agreements and rules organized in one place is a cornerstone of fair and effective management.

Your Next Step: A Property Safety Audit

Compliance with fair housing laws is about treating every applicant and tenant with consistency and fairness. Start by reviewing your own practices. Walk through your property with a fresh set of eyes, looking for potential hazards and areas for safety improvement. Read through your lease, house rules, and advertising copy to ensure they use neutral, compliant language. Most importantly, always check your state and local laws, and consult with a qualified attorney to understand the specific requirements in your area.