The landlord refuses to install a pool barrier, contending that if a tenant has children, then the tenant should pay for the pool barrier.


May the landlord shift the expense of the pool barrier to the tenant?


Probably not.


Forcing the tenant to pay for the pool barrier is likely a fair housing violation.  The landlord’s position has the effect of charging more money to a tenant with children than a tenant without children.  This differing treatment – depending on familial status – is likely a fair housing violation.

Back to the Legal Hotline Q&A