It is illegal for a landlord to evict someone for allowing their children to play outside. The COVID-19 crisis does not give your landlord or apartment manager the right to stop children from playing outside. Below, you will find more information to help determine if you are being discriminated against.
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Can My Landlord Raise My Rent In Retaliation For Me Suing For Discrimination?
No. Federal law prohibits a landlord from retaliating against anyone who sues for discrimination. A landlord cannot do anything in response to you suing for discrimination: He cannot raise your rent, evict you, fine you, take away your parking space, or do anything...
What If I Sue For Discrimination And Lose: Would My Landlord Be Allowed To Evict Me?
No. Federal law does not allow a landlord to evict you if you lose a discrimination lawsuit. To the contrary, if your landlord attempted to evict you after you lost such a case, this would directly violate federal law. In sum, if you file a lawsuit for...
Discrimination Against Families With Children: Is It Legal?
It is illegal for a landlord to refuse to rent to a single parent or family with children. For example, a single woman applies to rent a one bedroom apartment with her six year old daughter. The landlord tells her that children have to have their own bedroom, so they...
Is It Legal For My Landlord At My Apartment Complex To Impose A Curfew Upon My Children?
No. Multiple courts have ruled that it is illegal for landlords to impose a curfew upon children. The Fair Housing Act makes it illegal for a landlord to enforce a curfew against children. As such, a landlord cannot enforce a rule that requires...
What if a tenant signs a lease that says that children cannot play outside of their apartment?
Is this legal? No. A “tenant’s rights” include the right to be free from discrimination against their kids. Unfortunately, tenants are illegally subjected to eviction by their landlord due to their race (racial discrimination) or due to the fact that they have...
Do I have to set up a formal meeting with the HOA before I can contact a lawyer about my fair housing rights?
No. The law does not require you to do so. You are free to contact a lawyer at any time.
Can my HOA prohibit playing in the daytime because the noise will interfere with tenants who work at night and sleep during the day?
No. Day sleepers are required to accommodate children who make noise while playing during the day. Your HOA or landlord cannot prohibit children from playing merely because tenants who sleep during the day prefer peace and quiet.
Can my HOA restrict the areas where my children can play? For example, can my HOA restrict playing to a designated playground?
No. It is illegal for an HOA to set up a playground, and then to declare that children can only play on that playground and nowhere else in the complex. Children are free to play in open lawns, sidewalks, and open areas. The HOA cannot restrict this...
Can my HOA fine me for letting my children play outside?
No. Any attempts to fine someone for letting their children play outside is completely illegal.
Does a renter of a condominium have fewer rights than an owner?
No. Renters have equal rights under the Fair Housing Act. An owner or the HOA cannot treat the children of renters much more strictly than it treats the children of owners. The children of renters and owners have equal rights under the Fair Housing Act.
Can a Condominium Association’s CC&Rs Prevent Children from Playing?
No. Simply because a condominium association has CC&Rs, doesn’t mean that they can enact CC&Rs that violate Fair Housing laws. CC&Rs are illegal if they materially restrict children from playing outside. Period. The law does not grant a special...
Can My HOA Prohibit Children from Playing Outside?
No. A Homeowner’s Association (HOA) cannot enact rules that prohibit children from playing outside. This would be illegal. This is true even if the tenant is not an owner of a unit at the complex, but merely a renter. Condominium Associations do not have special...
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