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FACT SHEETS - Questions & Answers for Families with Children
The Unruh Civil Rights Act (Section 51 of the California Civil Code) prohibits arbitrary discrimination in business establishments of any kind. The California Supreme Court has interpreted this law to cover discrimination against children in housing.
DefinitionsWho is a minor child?
A minor child is someone who is under 18 years of age.
Who is an adult?
An adult is someone who is 18 years of age or older.Who is a senior citizen?
A senior citizen is someone who is 62 years of age or older.What is a senior citizen housing complex?
A senior citizen housing complex is specially designed and reserved for individuals 62 years of age or older.Discrimination Against Minor Children in General
Did you know that …
- An owner can't refuse to rent to people because they have minor children?
- A condominium association, developer or an individual condominium owner can't refuse to rent housing accomodations or otherwise discriminate against people because they have minor children?
- A landlord can't set age restrictions for minor children in apartments or condominiums?
- A landlord can't limit the number of children in a housing complex because setting a quota could have the effect of denying housing to families because they have children.
- A landlord can't refuse to rent to people with minor children based on lack of recreational facilities in the complex.
Reasonable Occupancy Limitations
Can a landlord limit the number of persons per unit?
Yes. The Uniform Housing Code provides minimum standards and requires that habitable rooms, except kitchens, have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor space is increased by 50 square feet for each occupant in excess of two.A landlord may limit occupancy based on the habitable space in a unit.Can children of the opposite sex be required to have separate bedrooms?
No.Can a landlord limit the number of children in an apartment?
No, however, depending on habitable space, a landlord may place a reasonable limit on the number of persons occupying a housing unit.Can a landlord refuse to rent to a pregnant woman and her family because she is pregnant or because the number of occupants will increase after she gives birth?
No. If the unit is sufficiently small, however, a landlord may be able to justify the refusal on the basis of the amount of habitable space.Pre-Rental Inquiries
Did you know that…
- It is against the 1988 Federal Fair Housing Amendments for a landlord to state a preference for renting to adults only.
- A landlord cannot ask the ages or dates of birth of each person who will be occupying a unit, however, the landlord may ask each person signing the rental agreement to certify that s/he is at least 18 years of age (and therefore has the legal capacity to enter into a contract or lease).
- A landlord can't ask applicants about their childcare arrangements.
Courts interpreting the Unruh Civil Rights Act have held that a business establishment may formulate reasonable regulations that are related to the services performed and the facilities provided.
Can a landlord deny minor children access to all of the recreational facilities in a housing complex?
Probably not on a blanket denial basis. However, a landlord may institute reasonable regulations which apply to everyone for the safe use of recreational facilities.
Can a landlord simply exclude minor children from using a pool based on safety grounds?
No. However a landlord may establish reasonable regulations for the safe use of the pool.Can a landlord refuse to rent to people with minor children because a swimming pool in the complex is not fenced?
No. State law requires that pools be fenced.Can a landlord require children under 14 to use the pool only when an adult is in attendance?
Yes. Unless a lifeguard service is provided, that is the state law.Can a landlord require that children under 14 be accompanied by a parent rather than by an adult?
No.Can a landlord refuse to rent units located on a particular floor to people with minor children for reasons of safety?
No. People with minor children may rent a unit on whatever floor they choose.Reasonable Nuisance Rules
Can a landlord restrict minor children from playing on the premises or in the lobby?
Probably not a blanket restriction. However, the landlord may establish reasonable rules for permissible conduct.
Can a landlord restrict minor children from using skateboards or riding bicycles in the complex?
The landlord may have reasonable rules regarding skateboards and bicycles which apply to everyone.Can a landlord restrict minor children from playing a stereo after 10 p.m.?
Yes. The landlord may have reasonable rules regarding noise which apply to everyone.Can a landlord impose a nighttime curfew to minor children?
No. Curfews may not be imposed on anyone in the complex.Disclaimer of Liability:
The information contained in this material is for the sole purpose of providing general information only, and must not be construed as legal advice, or take the place of competent legal counsel. Do not rely on these materials without consulting an attorney concerning your situation. The dissemination of this information does not create an attorney-client relationship and does not seek to represent you based upon your visit or review of this information.
Every effort has been made to ensure the information contained in the material is current. However, the law does change and the general information contained within may become dated. You should seek the advice of legal counsel for specific situations and advice to the "then existing" status of the law.Disclaimer of Liability:
The information contained in this material is for the sole purpose of providing general information only, and must not be construed as legal advice, or take the place of competent legal counsel. Do not rely on these materials without consulting an attorney concerning your situation. The dissemination of this information does not create an attorney-client relationship and does not seek to represent you based upon your visit or review of this information.
Every effort has been made to ensure the information contained in the material is current. However, the law does change and the general information contained within may become dated. You should seek the advice of legal counsel for specific situations and advice to the "then existing" status of the law.