Is it legal to have an adult only rentalcomplex?

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Is it legal to have an adult only rentalcomplex?

Owners of a rental duplex that is connected to their property through a gate do not want children in the duplex. The gate is often open and they are afraid of the liability, noise and access among other things. Can they make the duplex adult only? The duplex is 2-1 bedroom apartments. In CA.

Asked on August 23, 2010 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The general rule on renting property by a landlord to tenants is that a landlord can not discriminate against anyone based up race, color, religion, sex, handicap, familial status or national origin. Unless the premises qualifies as housing for older persons (usually those 55 and over communities), you can not discriminate against children 18 or younger living with their parents or their custodian.  It would violate the Fair Housing Act.  If it is an adult only complex then again, it has to follow the laws in your state to qualify.  These complexes are exempt from the general rule. I would seek help from an expert in your area.  Good luck.


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