Legal Question in Real Estate Law in Pennsylvania

subletting to people with children

i own a apt in a condo complex. It's not a co-op. its written into some bylaws of the complex that you can't rent to anyone with children. Is this allowed? Can I still rent it to them? Isn't this some form of discrimanation?


Asked on 4/21/01, 11:12 am

1 Answer from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Re: subletting to people with children

As a matter of contract law, if such a clause is contained in the bylaws, it would be enforceable.

Regarding discrimination, I am not aware of a prohibition against discrimination of children. Rather the only categories of which I am aware are sex, religion, race and color. While age may be a category in some areas, that applies to elderly people, not children.

However, you may contact the legal department at Pennsylvania's Housing Finance Agency (717) 780-3846 to determine if such a prohibition exists.

I hope this has been helpful and feel free to call or e-mail with other questions.

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Answered on 6/14/01, 7:42 am


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