Reply to Don't want to rent guest house to relative

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]The simple reply is: "We've got a no pets, no kids lease for the guest house, and cousin has both. SIL and her DH have neither. If we were renting to strangers we'd have the same limitations on the lease. It's business." Then change the topic every single time. "Lease, no pets/kids, how is the chicken salad?"

You can't say (as someone suggested), "We don't mix family and business" because you are renting to family. Just not to this cousin. And while you really don't owe anyone an explanation for doing what you want with your own property, you have a very easy go-to script here. [/quote]

Umm.  Just, FYI, it's illegal to say you will not rent to family with children.  It's family status discrimination.

See more here -- http://civilrights.findlaw.com/discrimination/understanding-your-rights-housing-discrimination.html[/quote]

The Fair Housing Act does not apply here.  A guest house is considered an "accessory dwelling unit" or ADU.  ADU's are not separate residences but are considered detached unit within a property.  So, if the OP is the owner of the SFH, that has no more than 4 units (in this case, it has two, the main house and the guest house), FHA does not apply.

Here is documentation from the Department of Justice:  [url]https://www.justice.gov/crt/fair-housing-act-2[/url]
[quote=Department of Justice: Fair Housing Act][b]Sec. 803. [42 U.S.C. 3603] Effective dates of certain prohibitions[/b]

[...]

(b)Nothing in section 804 of this title (other than subsection (c)) shall apply to--

[...]

(2)[u]rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.[/u]

[b]Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices[/b]

(c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.

[/quote]

So, an owner occupied SFH with less than 5 units is not covered, except that such an owner may not publish or advertise that they are restricting renting to any protected class.[/quote]

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