Just make sure that the rules don’t unfairly target families with children—or anyone else protected under fair housing law. You may have legitimate concerns about outdoor play activities that could disturb neighbors or damage your property, but avoid rules that specifically target children’s behavior. Rules banning children from playing in common areas—or placing unreasonable limits on what they can do outside—could lead to accusations that you are treating families with children less favorably than adult households living at the community.
Example: In January 2015, a court approved a $20,000 settlement in a fair housing case against a California community filed by a mother on behalf of her two young children. The complaint alleged that the children, ages 7 and 5, were repeatedly warned against riding their scooters in the common area of the complex. Allegedly, an employee said they couldn’t ride scooters, bikes, or skateboards and threatened to evict her if he caught them again. When he saw them the next day, the employee allegedly used his cell phone to record them and yelled at them. Some weeks later, the mother said the children were were riding their scooters when the manager ran up and screamed at her son, and then handed her a formal warning.
After receiving another warning, the mother sued the community for discrimination. The parties settled the case by signing a confidential agreement, which called for the court to approve $10,000 payments to each child to be held until they reached adulthood. The court ruled that the settlements were reasonable given the alleged wrongs and injuries described and were consistent with the range of settlements in similar cases [Milton v. Regency Park Apartments, January 2015].
Even if you adopt rules that govern all residents—not just children—you could still face a discrimination claim if you enforce the rule only against children. Singling out children for breaking the rules against noisy behavior in common areas while ignoring similar transgressions by adults could lead to a fair housing claim based on familial status.
