FACTS: 

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

ISSUE: 

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

ANSWER: 

Probably not.

DISCUSSION:

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.

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