​Can Condo bylaws limit the # of children?

[JJ Mayer]

Can Condo bylaws limit the # of children?

We have rented a 2 BR condo to a single mother and her 3 children. Now the Condo board is telling us that we have exceeded the maximum # of children per unit. Is that even legal?

We are within the occupancy limit, so the rule seems discriminatory.

Any advice?

[Tyler Brown]

So first, it's important to remember that just because something is discriminatory, that doesn't mean it's illegal.  If own a business, and I decide one day that I hate people that drive blue cars, I'm free to fire any employee that drives a blue car.  That's discriminatory sure, but also perfectly legal.

As far as things that you can't discriminate against, the only protected class that applies to this situation is familial status.  As a landlord, the Fair Housing Act prevents you from discriminating based on whether or not the applicant has children or is pregnant.  This also means that you can't try and create a loophole around this by saying you'll only allow two people in a two bedroom apartment, or something similar, since that effectively excludes families.

As a landlord, however, you are allowed to set reasonable occupancy limits for your units.  Where is the line drawn though, between what is a reasonable limit, and what constitutes discrimination against families?  Broadly speaking, according to federal law, you must allow at least two people per bedroom.

So with that in mind, it does sound like your tenant is in compliance with this - one child shares a bedroom with her, and the other two get their own bedroom.

I would bring this to the attention of your HOA. It doesn't matter what an HOA puts into its bylaws, it can't violate federal law anymore than you can. It is in your best interest to get them in agreement, because if they or you attempt to force the tenant out, they would have a decent case to take to a civil rights attorney.