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Old 11-17-2012, 05:13 PM
 
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I have rented an apartment in my house for years and it was small enough that the issue of kids never came up. However, I've just moved into the apartment and plan to rent the main part of the house. In checking several sites, I ran across something that said it was illegal to to refuse to rent to families with kids. (I live in Suffolk). I don't recall that being the case--if I don't want kids running around, given the fact that I have a dog, can't I choose that? Does any know the applicable state or local laws?

Thanks.
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Old 11-17-2012, 05:30 PM
 
Location: Planet Earth
1,474 posts, read 2,735,759 times
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Legally you cannot discriminate. Proving you discriminated is difficult though. Hopefully you'll have enough apartment seekers that you can choose one of your liking. If a family with kids wants to rent the apartment and you don't let them, and then you are still advertising the place, you hypothetically could have a problem. But from a legal standpoint, no you cannot discriminate
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Old 11-17-2012, 05:48 PM
 
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Why can't you just post rental ad as "No Children" ? You have that right.
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Old 11-17-2012, 05:58 PM
 
Location: Planet Earth
1,474 posts, read 2,735,759 times
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Quote:
Originally Posted by BigBlue53 View Post
Why can't you just post rental ad as "No Children" ? You have that right.
Sure, you can do that and blatantly break the law. That is NOT your right. It should be, but it's not. Look up NYS Fair Housing Act.
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Old 11-17-2012, 06:15 PM
 
Location: under the beautiful Carolina blue
20,106 posts, read 29,969,574 times
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Quote:
Originally Posted by BigBlue53 View Post
Why can't you just post rental ad as "No Children" ? You have that right.
No, they don't. That's illegal.
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Old 11-17-2012, 06:41 PM
 
886 posts, read 2,401,798 times
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How about 55 over only?
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Old 11-17-2012, 06:49 PM
 
9,870 posts, read 16,495,081 times
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That provision of the NYS fair housing act does not apply to owner-occupied dwellings with less than 4 units, or single-family homes rented by the owner (without using a broker or RE agent) if the owner owns 3 or fewer homes. So you can tell the kids to take a hike.

Note that I'm not an attorney and I'm certainly not your attorney.
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Old 11-17-2012, 07:16 PM
 
Location: The Triad (NC)
31,442 posts, read 70,213,388 times
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Remove the door from a bedroom and insist that it's a den or office.
No door = not a bedroom = not (as) suitable to a family.
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Old 11-17-2012, 09:17 PM
 
1,367 posts, read 4,848,167 times
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nybbler is correct. you can discriminate if you are less than a certian number.

I think it makes sense to not have kids in your place if you're concerned about the dog and/or you simply don't want them there in an owner occupied property.
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Old 11-17-2012, 09:27 PM
 
Location: Former LI'er Now Rehoboth Beach, DE
10,347 posts, read 13,067,525 times
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I would use the dog as an excuse. When a family comes, you can tell them it is up to them, but your dog is known to nip little kids toes, nothing serious but enough to break the skin......... I imagine that would discourage any parent.
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