Denied Rental for Having Too Many Children

My question involves landlord-tenant law in the State of: CA


I was recently denied the opportunity to rent (apply to rent) a house.
The Landlord showed me the house and asked how soon I could move in, and about my family size.
He provided me with an application. All seemed well.

I filled out the application, and called him so I could bring the application to him. The call went to voicemail.
He returned my call, which went to my voicemail.

His message:
"I'm sorry, it just does't work for (my wife) and I. Four kids in the house just seems like too many people for the home. It's just not gonna work for us"

Is this clear discrimination? By the way, the house is 3/2 and ~2,000 SF.

I don't blame him. It sounds like you need more bedrooms and that many kids will cause a lot of wear and tear. If he came back and said I will rent it to you for twice the damage deposit and $1000 more p/month due to wear, what would your response have been? That said, Federal and CA guidelines say it is not unreasonable and may be discriminatory.

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14
DISCRIMINATION IN GENERAL:
Against Families With Children
Both federal and state fair housing laws make it illegal for a housing provider to discriminate against families with children. Families with children are those households with one or more persons under age 18 who reside with a parent, legal guardian, or designee of the parent or legal guardian with the parent’s or legal guardian’s written consent. Families with children also include persons who are pregnant and persons who are in the process of
gaining legal custody of an individual under the age of 18.

Occupancy Standards
The Department of Housing and Urban Development (HUD) has issued guidelines regarding occupancy standards that may violate fair housing laws because they adversely impact families with children. In most cases, occupancy standards should allow at least two persons per bedroom, regardless of the age, gender or relationship of the persons living in the unit. In California, the Department of Fair Employment and Housing views “two persons per bedroom plus one” as a guideline for occupancy standards. A more restrictive policy may be found to be discriminatory.
Though landlords may not use occupancy standards to discriminate against families with children, some cities have established occupancy guidelines.
For example the City and County of Sacramento have created guidelines regarding the minimum square footage required for each person in a rental unit. These following
standards may be enforced:

City of Sacramento:
Two tenants need 70 square feet of sleeping space, and each additional tenant needs an additional 50 square feet of sleeping space [Sacramento Housing Code §8.100.310].

County of Sacramento: Two tenants need 70 square feet, and each additional person needs 50 square feet of sleeping space [Uniform Housing Code, Space and Occupancy Standards, §503(b)]

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http://www.hrfh.org/forms/2012_Fair_...g_Handbook.pdf

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Quoting Disagreeable

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I don't blame him. It sounds like you need more bedrooms and that many kids will cause a lot of wear and tear. If he came back and said I will rent it to you for twice the damage deposit and $1000 more p/month due to wear, what would your response have been? That said, Federal and CA guidelines say it is not unreasonable and may be discriminatory.


http://www.hrfh.org/forms/2012_Fair_...g_Handbook.pdf

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Well, you may agree with him but the rules you stated clearly show that more bedrooms are not required under the Fair Housing Standards.

If you choose to make a fair housing complaint, information on how to do so can be found here.

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Quoting ConArmas

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Is this clear discrimination? By the way, the house is 3/2 and ~2,000 SF.

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The most referenced guidance on housing discrimination is the "Keating Memo", which explains that in broad terms HUD views a residency limit of two persons per bedroom as consistent with the Fair Housing Act, but that the exact number can vary based upon such factors as the size of the bedrooms, the configuration of the unit and, in unusual cases, the age of the children (the example given being that a landlord should not deny a one bedroom rental to a couple with an infant child, but may have grounds to do so for a couple with a teenaged child). California historically has conserved its resources by applying a "two plus one" rule, investigating housing complaints only when the number of occupants exceeds two per bedroom plus one additional occupant (for a three bedroom unit, that would mean seven people) - although that rule does not provide a safe harbor for landlords nor does it appear relevant to your situation (two adults and four children = 6 occupants across three bedrooms).

The only reasons why a landlord should limit the number of tenants, save where there's a valid limit imposed by law, are health, safety, and legitimate business needs. A housing policy should never impose a different limit on the number of occupants with vs. without children.

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Quoting Disagreeable

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I don't blame him.

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Not blaming him is one thing. Whether it's legal is another.

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Quoting Disagreeable

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It sounds like you need more bedrooms and that many kids will cause a lot of wear and tear.

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Concern about wear and tear is not a valid basis to violate fair housing laws.

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Quoting Disagreeable

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If he came back and said I will rent it to you for twice the damage deposit and $1000 more p/month due to wear, what would your response have been?

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Increasing the damage deposit or rent for families with children is also a violation of fair housing laws.

Local restrictions on rental unit occupancy are preempted by federal law, but that's usually not an issue given that they typically allow more residents in rental housing than would be required under federal law.