A landlord in Alabama rents to a tenant who subsequently has a child, bringing the household to include a minor under 18. The landlord attempts to evict the tenant solely because the lease contains a 'no children' clause. The tenant files a fair housing complaint. Under the Alabama Fair Housing Law, which of the following best describes the outcome?
Correct Answer
A) The eviction is unlawful because the 'no children' clause violates familial status protections under Code of Alabama §24-8-1 et seq., rendering the clause void.
Under Code of Alabama §24-8-1 et seq., familial status is a protected class. A lease clause that prohibits children or families with minor children is void as against public policy because it constitutes a discriminatory housing term. The fact that both parties signed the lease containing the illegal clause does not make the clause enforceable — parties cannot contract around fair housing protections. Attempting to evict a tenant solely because they have a child violates Alabama's fair housing law, and the 'no children' clause is unenforceable.
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Related Topics & Key Terms
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A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
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