Childish Policy Sparks Lawsuit

A Minnetonka, MN, condominium association and its management company, were charged this week with discrimination.

The complaint alleges that the association maintained a policy prohibiting families with children under 18 from living in the building.

HUD clarified in a statement that condominium associations are bound to follow the federal Fair Housing Act, and unless the building meets the legal requirements for housing only adults, families with children must be allowed.

The condominium associations residency policy states that no apartment may be sold, leased or rented to any person who has a child under the age of 18. This prevented the owner of a condominium from leasing the unit to applicant families with children, including the family which complained.

In addition to awarding damages to the victims, a judge hearing the case may impose a penalty of up to $16,000 to vindicate the public interest, order injunctive and other equitable relief to deter further discrimination, as well as payment of attorney fees. If the matter is decided in federal court, the judge may also award punitive damages.

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