Can an apartment building have pool or playground rules just for children?
Be careful. Families with children under 18 are a protected group under the Fair Housing Act, and HUD's rule at 24 CFR 100.65 bars limiting the use of a building's privileges, services or facilities because of familial status. A rule that keeps children out of the pool, the gym or the courtyard, or gives them fewer hours, invites a complaint; a rule about conduct that applies to every resident is far easier to defend.
Who familial status protects
Under 24 CFR 100.20, familial status means one or more people under 18 living with a parent, a legal custodian, or someone the parent or custodian has designated in writing. The protection also covers anyone who is pregnant or in the process of getting legal custody of a child. A building that qualifies as housing for older persons is exempt; see the 55-and-older rules. Every other apartment building has to treat households with children the same as everyone else.
What the rule bars for house rules
24 CFR 100.65 makes it unlawful to impose different terms, conditions or privileges, or to deny or limit services or facilities, because of familial status. Among its listed examples:
- Using different lease provisions, such as rent, deposits or lease terms, because of familial status.
- Limiting the use of privileges, services or facilities that come with a dwelling because of the familial status of a tenant or someone associated with them.
House rules are terms and conditions of the tenancy, and a pool, gym, laundry room or courtyard is a facility. So a rule that treats residents differently because they are children, or because they live with children, falls under this section. A posted sign counts too: 24 CFR 100.75 bars notices and statements, including signs and posters, that indicate a limitation based on familial status.
Common rules, and how to rewrite them
| Rule as often written | The problem | A version built on conduct |
|---|---|---|
| No children in the pool after 4 p.m. | Fewer hours for one protected group | Same pool hours for everyone, posted |
| Children may not play in the halls or courtyard | Bans a group from common areas | No ball games, bikes or scooters in the halls, for anyone |
| Adults-only gym | Bars a group from a facility | Gym users must follow the equipment rules; those who cannot use the equipment safely must be with someone who can |
| Children must be supervised at all times on the property | Treats every child as a problem, everywhere | Residents are responsible for their household and guests, and for any damage or disturbance they cause |
| Families with children are placed on the ground floor | Steering by familial status | Offer every available unit to every applicant |
| A higher deposit for households with children | Different lease terms (100.65(b)(1)) | The same deposit for every unit of the same type |
Some safety rules use an age line, such as requiring young swimmers to be with an adult where there is no lifeguard. Whether a particular age rule holds up depends on the facts and the reason for it, so have a fair housing attorney in your state look at any rule that names an age before you post it. State and local codes on pools can also set their own requirements.
Measuring an unequal rule
Example a made-up 60 unit complex opens its pool from 8 a.m. to 10 p.m., 14 hours a day. Its old rules let residents under 18 swim only from 10 a.m. to 4 p.m., 6 hours a day. A household with children gets 6 of 14 hours, about 43 percent of what other households get, for the same rent. The owner replaces the rule with one set of hours for everyone, a no-glass rule, a no-running rule and a posted "no lifeguard on duty, swim at your own risk" sign, and every rule now applies to all 60 units the same way.
The same arithmetic works for any rule: if one group of residents gets less of a facility for the same rent, the rule is doing what 100.65 forbids.
Enforcing rules the same way
- Write every rule about what someone does, not who they are.
- Send violation notices for the conduct, to the adult on the lease, with the date and what happened.
- Use the same steps for every household. If a noisy adult gets a friendly reminder, a noisy teenager's parent gets the same.
- Keep copies of notices, so you can show the same rule was applied to everyone.
- Update signs when the rules change, since a sign is a statement under 100.75.
Keeping rules and notices in DoorKeeping
Store your house rules as a document on each property in DoorKeeping and send them with every lease for e-signature, so every household signs the same version. Notices go out by email from DoorKeeping and wait for your one-tap approval, and each one stays with the unit, which makes it easy to show that you treated every household alike. DoorKeeping is $2 per unit per month with $0 in other fees for owners and tenants, and it gives no legal advice.
Sources
- eCFR, 24 CFR 100.65, Discrimination in terms, conditions and privileges and in services and facilities, read Oct 30, 2026
- eCFR, 24 CFR 100.75, Discriminatory advertisements, statements and notices, read Oct 30, 2026
- eCFR, 24 CFR 100.20, Definitions (familial status), read Oct 30, 2026
Questions
- Can an apartment complex ban kids from the pool?
- A rule that keeps children out of a facility, or gives them fewer hours, limits a facility because of familial status, which 24 CFR 100.65 bars. Use the same hours and conduct rules for everyone.
- Can a landlord require children to be supervised?
- A blanket rule that every child be supervised everywhere singles out a protected group. Rules about conduct and responsibility for one's household are safer; ask a fair housing attorney about any rule that names an age.
- Do fair housing rules about children apply to a 55 and older building?
- A building that meets the housing for older persons exemption may exclude families with children. Every other building must treat households with children the same as others.