On Friday, July 25, 2014, the United States Department of Justice announced an agreement with the owners of Woodland Garden Apartments in Fremont, California, settling allegations of discrimination against families with children. Under the Consent Order, the owners are required to pay $77,500 to the victims of the discrimination and $2,500 to the government as a civil penalty.
The complex was accused of having rules that prohibited children from playing outside in the common grassy areas of the property and stated that families would be evicted for violation of the rule.
Five families, who lived at the complex, with the support of a local fair housing organization, brought the case.
In addition to monetary payments, the consent decree requires that the defendants implement a nondiscrimination policy, establish new procedures for enforcement of rules, and undergo fair housing training.
This case is a reminder that children living at apartments may not be deprived of reasonable enjoyment of the property amenities – including grassy areas. This is especially the case if there are no other designated play areas for the children. Owners and managers should carefully examine their policies with regard to children to ensure the rules do not single out families with children for discriminatory treatment.