Legal Question in Real Estate Law in California

Re: Mgr won't rent us apt above hers because we have kids

Wow. I have been handling fair housing cases since 1986, but this one is a challenge.

The simplistic answer is that she is illegally discriminating on the basis of familial status (presence of children under 18 years of age). She cannot refuse to rent on the basis of their age alone. However, there is more to it than that.

Since you have lived there at least 2 years, I presume the Manager knows your kids and how noisy they are or are not. The law would not let her assume that your kids are noisy just because they are kids. If she is willing to rent to families with children, but not to your family because you have proven to be too noisy, there is nothing illegal.

You should consider asking a fair housing agency to conduct a "test." They will send out paired testers who have similar qualifications, but one will say they have children and the other will say they don't. If the Manager treats them differently, that is evidence of discrimination. You can then file a complaint with the California Department of Fair Employment and Housing or hire an attorney to sue in court.

For articles on fair housing, see my web site at http://www.msslc.com

Good luck.