Legal Question in Real Estate Law in California

We own an apartment complex and would like to limit any additional occupant to "immediate family only". Is that discriminating?


Asked on 6/14/11, 3:47 pm

2 Answers from Attorneys
Kenny Tan Law Offices of Kenny Tan

Be aware of the Unruh Act. It prohibits discrimination against familial status. In other words, you can't refuse to rent the unit to someone for having too many member in the family. However, it is okay to restrict the number of non-family members. I don't believe that would be discrimination.

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Answered on 6/14/11, 4:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The policy itself is not discriminatory; it could become so if applied unevenly. Also, be careful not to get involved in monitoring who comes and goes as guests; that could become a privacy violation.

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Answered on 6/14/11, 4:13 pm


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