FACTS:                    

A property management company has a swimming pool barrier policy for tenants with children. This policy requires tenants with children to install a fence or otherwise comply with swimming pool barrier laws. Furthermore, at the termination of the tenancy, the tenant is required to remove the fence or other improvements at the tenant’s expense.

ISSUE:                      

Is this policy in compliance with Fair Housing laws?

ANSWER:                

No.

DISCUSSION:         

Familial status (including tenants with children) is a protected class under Fair Housing laws. If the property management company has a policy which places conditions or restrictions upon the rental because of familial status, e.g., compliance with swimming pool barrier laws, the property management company has probably committed a discriminatory act under the Fair Housing laws. See A.R.S. §41-1491.01.