Q: I live in a “55 and over” condominium. Presently, we have a couple who is expecting a baby. This couple was grandfathered when we became a “55 and over” community. What is the law governing this situation?
- R.A. (via email)
A: It is generally unlawful to discriminate in any activities relating to the sale or rental of a dwelling because of race, color, religion, sex, handicap, familial status or national origin.
Familial status is defined as one or more individuals who have not yet attained the age of 18 years being domiciled with a parent or guardian or a designee of such parent. Therefore, a housing provider (which includes condominium and homeowners associations) cannot prohibit the sale, rental or occupancy of a unit simply because one or more of the occupants may be children, nor otherwise discriminate in the terms and conditions of housing against families with children.