28 Aug Florida’s Fair Housing Act, Familial Status & Condo Complex Amenities
Fair Housing Act
Many families in the Miami, Florida area live in condominium complexes. For the most part, it is a great experience. The complexes frequently have amenities such as swimming pools, large open spaces to recreate, etc. However, sometimes the complexes in this area go too far in their attempts to keep the condition of their premises competitive with other the complexes in the area.
For instance, the security team of a condominium complex may not inform parents that their children may only play in designated areas, such as a “play room”. The children have the same right to enter into common areas as an adult does, with limited exceptions for safety concerns.
If the Florida condominium complex conducts themselves in such a fashion, they may be in violation of the Federal Fair Housing Act, as well as Florida’s Fair Housing Act based upon their conduct, which involves discrimination against their own tenants – based upon their familial status. Florida Statute Section 760.23(1) provides that it is unlawful “to make unavailable or deny a dwelling to any person because of . . . familial status . . ..”. Section 760.23(2) provides that it is unlawful to discriminate against any person “in the terms, conditions, or privileges of . . . rental of a dwelling . . . because of . . . familial status . . ..”
Should the complex be in violation of the Fair Housing Act, the family has the right to pursue compensation for all quantifiable damages that result from their behavior, along with all reasonable attorney’s fees and costs.
Please also note that we provide this information as a service to the community and do not handle landlord-tenant matters, as we only handle Family Law Cases in Miami.