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No Kids Allowed - Landlord Forum thread 358877

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No Kids Allowed by Sunny on January 4, 2019 @11:30

I have not ran into this problem yet. But I was in a meet up group and was told by a management company agent that if the you as the owner living on site, in the same building, you may say "no kids allowed." Does anyone know for sure if this is legal?
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Re: No Kids Allowed by AnonymousFL on January 4, 2019 @15:53 [ Reply ]
That is correct at a federal level, though I admit that I had a difficult time finding the actual statute. If a landlord lives in a multi-family building of 4 units or less and occupies one of the units, he is exempt from the Fair Housing Act when it comes to the approval or denial of applicants.

However, the landlord should not advertise these requirements such as 'no children', 'married couples only', etc. Evidently, the act of advertising it is not legal. It is better for landlords to pre-qualify applicants and to tell them the requirement and to have the rules in the lease.

Also, while federal guidelines allow a landlord to ignore the Fair Housing Act in this situation, some state or local statutes may say otherwise. So, it would be wise to seek local legal advice before taking this stance.

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