Housing Discrimination and Families with Children - FAQ's

May a landlord refuse to families with children?   May a landlord advertise “no children”?
These issues have been in the news lately, so it’s a good time for a refresher.

Click here for more information:

1. Are families with children protected by federal and state fair housing laws?

Yes.  Both federal and state laws treat families with children as a protected class.  This means that landlords cannot refuse to rent to a family simply because the landlord doesn’t like children, feels that the property is unsafe for children, or is concerned about the possible presence of lead paint.  Landlords may refuse to rent to an applicant, including a family with children, based on credit, work history, criminal background, references, or similar screening standards that the landlord uses for all applicants.

2. Are there any exemptions from fair housing law?

Yes.  If the housing qualifies for one of these exemptions, a landlord may legally refuse to rent to family with children.

• Owner-occupied two unit- dwelling
• Owner-occupied three or four-unit dwelling  and one of the units is “already occupied by a senior citizen or infirm person for whom the presence of children would constitute a demonstrated hardship.”  Can the owner or another tenant produce a doctor’s note?
• Different types of senior housing  [click here for more details]

http://www.rilin.state.ri.us/Statutes/TITLE34/34-37/34-37-4.1.HTM

3.Can a landlord refuse to rent an apartment to a family with children because there would be more than two people per bedroom?

No.  There is no such exemption.   However, a landlord may refuse to rent to any family (or any group of people) if the property does not meet state minimum space requirements.  R.I.G.L.  45-24.3-11 requires a dwelling unit to meet both standards:

• Total living space: “ Every dwelling unit must contain at least one hundred fifty (150) square feet of floor space for the first occupant, and at least one hundred thirty (130) square feet of floor space for every additional occupant, the floor space to be calculated on the basis of total habitable room space” and
• Sleeping space:   “In every dwelling unit for two or more rooms, every room occupied for sleeping purposes must contain at least seventy (70) square feet of floor space for the first occupant, and at least fifty (50) square feet of floor space for each additional occupant.”
  Click here to read the full text:  http://www.rilin.state.ri.us/Statutes/TITLE45/45-24.3/45-24.3-11.HTM
  

4.  Are owners of vacation rentals exempt?  

No.  While there are some exemptions from federal and state lead laws for short-term rentals, fair housing laws do not have a special exemption for vacation or other short-term rentals. 

5. Can a landlord or real estate licensee legally advertise “no children”?

No.  Both federal and state law prohibit real estate licensees and property owners from engaging in discriminatory advertising.

6. Why can’t the landlord advertise “no children” if the landlord qualifies for an exemption from fair housing laws? 

While an exemption permits a landlord to refuse to rent to families with children under certain circumstances, the exemption is limited and does not allow the landlord or rental agent to advertise “no children” or “no children under six” on a web site or in a newspaper.  Think of it as a “don’t ask, don’t tell” policy.  Lawmakers will allow it to occur as long as the discrimination (legal, in this case) happens behind closed doors.

7.  What should a rental agent or property manager do if a landlord says that he or she will not rent to families with children? 

Make it clear to the landlord that you will refer all qualified applicants to the landlord so that he or she can make the decision.  Do not participate in discriminatory advertising or steering even if the landlord qualifies for an exemption. 
Be prepared to walk away from the listing if necessary.

Questions?  Contact the RIAR Legal Department at 401-785-3650 ext. 5 or email monica@riliving.com.