"NO KIDS" in a non 55 and up condo

[FelixCasio]

What is the name of your state (only U.S. law)? FL, broward county.

I have a condo and the condo rules state no kids but it is not a 55 and older building. I've had a family proceded and screened and rejected because they had two kids. The building currently has one family living there with two kids and the buildings president told me that they have no intent to remove this family due to the financial burden of doing so.
None of the board members or the attorney registered agent of the condo are being responsive. 90% of prospective tenants have kids and I've been unable to rent this unit for about 3 months.
Is this policy illegal and can a counrt order a rule change and can I sue for loss of rent due to this rule.
sound like discrimination based on familial status. The buildings attorney said the rule is grandfathered in.
please helpWhat is the name of your state (only U.S. law)?

 

[xylene]

The buildings attorney said the rule is grandfathered in.

The building has an attorney.

You are sustaining loss.

You need to consult with a lawyer.

 

[FelixCasio]

I'm working on it. So far I'm required to pay $1500 retainer, plus $300 consulting fee. A bit out of my budget.
I'll keep trying.

 

[DeenaCA]

While the federal Fair Housing Act prohibits discrimination against families with children, there's an exemption for "housing for older persons" as defined at 42 U.S. Code 3607(b) (United States Code: Title 42,3607. Religious organization or private club exemption | LII / Legal Information Institute). Are you sure that your development doesn't qualify?

To locate a fair housing agency in your area, go to National Fair Housing Advocate Online. You can also file a complaint online and get more information on the HUD/FHEO website at Housing Discrimination/U.S. Department of Housing and Urban Development (HUD).

 

[xylene]

Cheap first step

The buildings attorney said the rule is grandfathered in.

Call the building lawyers bluff.

Tell him to produce paperwork that establishes this grandfather status.

 

[FelixCasio]

so heres what happened today...
I called 5 real estate attorneys and everyone wants 10 hour retainer at about 300 p/h so thats out of the questions especially considering none of the attorneys could verify weather it is illegal or not to discriminate against having kids. I spoke with the condos registered agent/attorney who seemed pretty upset at my inquiries. He explained that the unit with the kids is in foreclosure, which I verified to be true, and he said that they will be getting foreclosed on on 09/2010. It seemed like he implied that the building will have no intent to remove this family prior to the eviction.
I cant seem to find any solid facts on my own which show that having a no kids policy is even illegal so maybe condos do have rights to exclude kids?!?!. I dont understand how a building can not allow kids.
I'll just keep advertising and hope to find people without kids. Maybe a nice drug dealer, prostitute, or pimp will fit the bill since those people generally do not have kids.

 

[TinkerBelleLuvr]

Unless the building has been classified as a 55+ commnunity, they are discriminating. The attorney you hire can ask that your attorney fees be reimbursed to you by the condo commandos.

 

[FelixCasio]

Unless the building has been classified as a 55+ commnunity, they are discriminating. The attorney you hire can ask that your attorney fees be reimbursed to you by the condo commandos.

thanks, good to know. Thanks everyone for your info.
I just spoke with HUD (housing and urban development) who explained that if the building is not 55 and up, they CANNOT discriminate against kids. I filled the complaint, and I emailed the woman they rejected with kids and advised her to do the same. hopefully she does. HUD stated it could take up to 100 days to do the investigation.

 

[DeenaCA]

HUD stated it could take up to 100 days to do the investigation.

It can take a lot longer than 100 days, but there's a chance that the HOA may review its policies once it's notified that a complaint has been filed.

The buildings attorney said the rule is grandfathered in.

That's unlikely. The only "grandfathering" rule is this one at 42 U.S. Code 3607(b)(3):

Housing shall not fail to meet the requirements for housing for older persons by reason of:
(A) persons residing in such housing as of September 13, 1988, who do not meet the age requirements of subsections [1] (2)(B) or (C): Provided, That new occupants of such housing meet the age requirements of subsections [1] (2)(B) or (C); or
(B) unoccupied units: Provided, That such units are reserved for occupancy by persons who meet the age requirements of subsections [1] (2)(B) or (C).

See United States Code: Title 42,3607. Religious organization or private club exemption | LII / Legal Information Institute.

It's hard to believe that there has not been enough unit turnover in 22 years to bring the building up to 80% occupancy by families with at least one member aged 55 or over.

 

[Mass_Shyster]

Check in with the Florida Commission on Human Relations:

Home - Florida Commission on Human Relations