Avoiding Fair Housing Violations When Establishing Rules for Apartment Common Areas
By A.J. Johnson
Modern apartment communities often offer a variety of shared amenities — such as fitness centers, pools, lounges, co-working spaces, dog parks, and community rooms. These features enhance the resident experience but also require clear rules to ensure safety and order. Unfortunately, poorly written or inconsistently enforced rules can put owners and managers at risk of violating the Fair Housing Act (FHA).
Section 3604(b) of the FHA prohibits discrimination "against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith" because of familial status, disability, or other protected classes. This means that rules governing pools, gyms, or other amenities must apply equally to all residents.
Fair housing complaints in this area typically arise from either disparate treatment (deliberate discrimination) or disparate impact (a neutral policy that disproportionately affects a protected group). Even well-meaning rules can lead to liability if they cause a discriminatory effect without sufficient justification.
Rules that have a disparate impact may still be legal if they serve a legitimate, nondiscriminatory, and compelling purpose—such as health or safety—and are no more restrictive than necessary. Objective sources that can justify such rules include:
• State and local safety codes
• Manufacturer warnings or usage guidelines
• Recognized industry standards
If your policy can be supported by these objective criteria and applied consistently, it is much more likely to pass a fair housing review.
Blanket bans on children using pools, fitness centers, or community rooms are almost always hard to justify. Rules should target behavior, not age or family status. For example, a rule prohibiting running or horseplay in a pool area promotes safety without targeting children specifically.
Setting aside specific hours when only adults can use an amenity can lead to a clear disparate impact based on familial status. Unless required by safety regulations or law, such restrictions should be avoided.
The most common family-status complaints come from rules that require children to be supervised by "a parent" or "an adult guardian." A safer method is to require competent supervision for anyone who cannot use the amenity safely—regardless of age or family relationship. Before establishing age-based supervision rules, verify whether local or state laws require them.
Requiring only children or only individuals with disabilities to demonstrate proficiency before using a facility violates the FHA. If a test is necessary, it must apply equally to all users who want to use the amenity without supervision.
Rules like "no skateboards or bikes in parking lots" should be written to apply to everyone, not just children. Neutral, behavior-based language helps avoid the appearance of discrimination.
A rule banning "children who are not toilet-trained" from the pool is discriminatory. A neutral alternative would be: ‘Any person who is incontinent or not fully potty-trained must wear appropriate waterproof garments when entering the pool.’ This wording applies equally to everyone and is justifiable as a sanitation measure.
Complete bans on animals in pools, gyms, or shared spaces may infringe on the rights of individuals with disabilities. While restrictions on pets are acceptable, assistance animals must be permitted in common areas unless their presence creates a direct health or safety risk or violates local health regulations (for example, entering the pool water itself).
• Base each rule on a specific safety or operational need and retain documentation that supports the justification.
• Use neutral, behavior-focused language instead of mentioning age, family roles, or disabilities.
• Apply and consistently enforce rules for all residents.
• Regularly review policies with legal or compliance professionals.
• Train staff to identify fair housing issues early and apply policies uniformly.
Establishing rules for common areas is vital to maintaining a safe and enjoyable community environment. However, these rules must be written and enforced in a manner that complies with the Fair Housing Act. By grounding policies in objective standards, focusing on conduct rather than personal characteristics, and applying rules consistently, housing providers can promote safety and fairness, thereby protecting residents and minimizing legal risks.
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