The U.S. Department of Housing and Urban Development (HUD) recently charged a Denver condominium association with violating the Fair Housing Act by discriminating against families with children under the age of 18. According to HUD’s charge (link below), Windsor Gardens Association allegedly maintained discriminatory restrictions and published discriminatory statements and advertisements that limited or denied housing to families with children. One statement read: “Head of household must be 50 years of age; children under the age of 17 are not permitted.” According to the complaint, Windsor Gardens does not meet the federal definition as housing for seniors only.
“Condo associations that don’t meet federal requirements as housing for seniors only don’t have the right to turn away families with children,” said John Trasviña, Assistant Secretary for Fair Housing and Equal Opportunity. “With the nation’s shortage of decent, affordable housing it’s even more important that we take action against those who violate the Fair Housing Act.”
HUD’s charge is the result of an investigation into Windsor Gardens Association’s advertising practices. HUD determined that the association’s promotional campaign, as well as its rules and policies, unlawfully restricted resident occupancy to persons age 50 and older and prohibited resident children under the age of 17. The Fair Housing Act prohibits condo associations from discriminating against families with children, unless the housing is exclusively designed for senior citizens. Housing may qualify as housing for older persons if it meets certain requirements, including that 80 percent of the units have at least one resident age 55 or older and that it publishes policies that demonstrate a consistent intent.
Read the full HUD charge