Property managers and housing providers face a complex issue: balancing the need for rules with the imperative to uphold fair housing principles. This case provides a poignant example of how restrictive policies, especially those related to amenity usage, can inadvertently lead to discrimination complaints.
United States v. Orchard Village, LLC, et al. (E.D. Mo.)
The Legal Perspective
The case revolves around a property that implemented a policy prohibiting anyone under the age of 18 from using its amenities — including a pool, fitness center, and computer room — unless accompanied by an adult leaseholder. This policy became a point of contention for a household consisting of a single mother, her adult daughter, and her 16-year-old daughter. With the mother frequently away for work, the younger daughter allegedly found herself barred from the amenity spaces, leading to a situation where the family claimed that they felt unwelcome and eventually moved out. The case was settled with the property incurring monetary damages and being required to revise its amenity usage policies.
The covered insights into the case provide valuable lessons for property managers. Firstly, implementing a blanket supervision requirement for all minors is not justifiable under fair housing laws. While it’s understandable that property managers might want to prevent damage to property amenities or are concerned about safety issues, any restrictions must be carefully considered and tailored so as not to be overly restrictive. If management is experiencing problematic conduct from certain minors, actions should be taken against those specific individuals responsible for damages rather than imposing broad policies that affect all minors.
The Role of Fair Housing Attorneys
A challenging aspect of policy-making in property management is determining at what age minors can be permitted to use amenities without adult supervision. It’s noted that while there’s no legal age threshold, policies must be justifiable on the grounds of health, safety, or property protection. Generally, teenagers aged 15 and above might be considered capable of using amenities unsupervised, but this can vary based on the specific amenity and the context.
Fair housing attorneys play a crucial role in guiding property managers through the intricacies of law compliance. Their expertise can help in crafting policies that are both effective in managing the property and in compliance with fair housing laws, thus avoiding potential discrimination complaints.
Balancing Legal Compliance with Community Needs
This case underscores important considerations for property management professionals, emphasizing the need for policy precision, fair housing compliance, and the value of seeking legal guidance. It highlights that policies should be as specific as possible, targeting behaviors rather than broad demographics to ensure effectiveness without unfairly discriminating against any group.
Additionally, the importance of considering the fair housing implications of any policy is paramount, as it must not discriminate against particular groups. Furthermore, consulting with fair housing attorneys is crucial for navigating the complex legal landscape, aiding in the development of policies that are both sound and compliant with fair housing laws. This approach helps ensure that property management can enforce necessary rules while upholding the principles of fairness and inclusivity.
