I am a leasing agent at an apartment complex in Nevada. Recently, we went through some of our older guest cards and noticed that on the line where the number of occupants is listed that many of the cards read "2 adults, 2 children" or " 1 + 2 kids", etc. Our property manager said that it was a clear violation of fair housing rules because it shows that there may be some discrimination against age or familiy status because of the words "kids" and "adults". We were sent to a fair housing class to learn the in's and out's of fair housing.

At the fair housing seminar, I asked the speaker (A Fair housing lawyer who has been teaching fair housing since 1989)if this was a violation of fair housing. She responded by saying that whatever is written on the guest card is completely irrelevant to fair housing. Why? Because the prospect has not made a committment to rent; they are "just looking". If during the application process these types of questions were answered, then it would be a violation. But to do so on the guest card is not.

My property manager says that she is clearly wrong and that leasing agents, property managers, and owners can be held accountable for what is written on a guest card in regards to fair housing.

Does anyone know the truth?

Can guest card data be used to build a case of fair housing violations? Or is the lawyer teaching the fair housing class correct?

A "case" can be built for either side of an opinion. The concern is which case might prevail in a Court of Law.

In my humble opinion, your Property Manager is the wiser of the two. Discertion is the better part of valor. I would find a way to dance around the issue linguistically and try to avoid using those words.


In a word . . . . No !

It's a mite humorous that it was your Property Manager who suggested that you attend the Fair Housing Seminar where you were taught a point of view adverse to the opinion that prompted your attendance.

Actually, your cards would appear to discriminate against "Single Parent Households", IF Children means the same as "Kids", and the Rate is the same for 2 Parent Households as it is for Single Parents. As a LandLord, I would always prefer having the potential additional supervision that might be present with two parents.

You could consider just saying "No more that 4 Human Beings, one of whom must be above the age necessary to sign a Legal Agreement." But then you are equating One Adult with 3 Children to the equivalent of Two Adults and 2 Children. How about 4 Adults, and No "Kids" but they start spawning shortly after moving in? I don't know if "Adults Only" buildings or compounds are permitted in Nevada? In Vermont, we allow those that require occupants to be "55 or Older" but your children better not plan on any extended visits, even if they're 40 years old.


There is no Right or Wrong until a Court of Competent Jurisdiction decides. And then even that is subject to appeal. Only the Supreme Court will know, and they apparently haven't decided yet . . . . and I don't want to go there.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a Lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult an Attorney in the relevant jurisdiction to ensure accuracy before acting on this information.

Thank you for the information.

Its upsetting to think that the lawyer who is teaching fair housing practices to over 200 leasing agents in the Las Vegas area just instructed each and every one of them incorrectly.

Im going to get another opinion on this. My property manager wrote me up for this and I want it voided if I did not violate fair housing. She has threatened to fire me if it happens again.

I always say "Better be safe than in court."

The way the law stands the attorney is stating that there would not be a violation based on what you told him or her.

Now it's easy to say that in a class they take no responsibility for. Your boss and company employs you and I would follow their lead. If they want to be ultra cautious whether it's a violation or not then that is what I would do.

You either need to run everything by your boss so they can't blame you or work somewhere else that is less restrictive. You have to remember many laws have gray areas and are not black and white.

I can never get the Georgia Real Estate Commission to say yes to something. If in doubt they always say NO but that does not mean it is not completely legal they are just skirting the issue.

No legal advice-hope it helps