From time to time cases arrive which provide clear guidance about what to do (or perhaps what not to do) when advertising multifamily housing. To that end, earlier this month, the U.S. Department of Housing & Urban Development (HUD) filed a familial status housing discrimination charge against a property manager in New Orleans based on an advertisement. The ad, which was found by a local fair housing advocacy group, included language which stated: “No Teenagers Please.”
As written in this space many times, our Fair Housing Act (FHA) includes protections for families with children under the age of 18. Unless the property is one that qualifies as housing for older persons under the FHA, the law is clear that statements seeking to exclude children under the age of 18 violate the statute.
Now, it could well be that the property manager had a benign reason for not wanting kids in the community. I have seen circumstances where management believes parking lots are dangerous. Or when a property is located next to a busy street. Good intentions, but those intentions can lead to a complaint. Just know that a leasing office will subject the property to scrutiny with a general ad which purports to exclude children under the age of 18. Please understand that fair housing advocacy and tester groups are searching the internet (as well as traditional newspapers and apartment guides) looking for advertising that violates the law.
If you have a reason for not wanting teenagers, you should really speak with a lawyer like me to discuss the application of the FHA and state law.
Just A Thought.