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Practice Of Real EstateFair_housingHARD

A condominium association in Minnetonka has a rule prohibiting children under 12 from using the swimming pool without adult supervision. A family with a 10-year-old child files a fair housing complaint, claiming the rule discriminates against families with children. Under the Minnesota Human Rights Act and federal fair housing principles, which statement is most accurate?

Correct Answer

A) The rule is likely lawful because it is a reasonable safety regulation that applies to all children equally and is not designed to exclude families.

Fair housing law, including the Minnesota Human Rights Act (Minn. Stat. Ch. 363A), prohibits discrimination based on familial status, which protects families with children under 18. However, reasonable safety rules that apply uniformly to all children — such as requiring adult supervision for young children in a pool — are generally considered lawful safety regulations, not discriminatory practices. The rule does not exclude families from purchasing or residing in the community; it merely imposes a reasonable safety requirement. Courts and regulators distinguish between rules that restrict residency and rules that impose reasonable, non-exclusionary safety conditions.

Answer Options
A
The rule is likely lawful because it is a reasonable safety regulation that applies to all children equally and is not designed to exclude families.
B
The rule is an unlawful discriminatory practice because it singles out children, who are part of a protected familial status class.
C
The rule is lawful only if the association is a 55-and-older community that qualifies for the housing-for-older-persons exemption.
D
The rule violates the Minnesota Human Rights Act because condominium associations are not permitted to restrict pool access based on age.

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Related Topics & Key Terms

Key Terms:

minnesota_human_rights_actfamilial_statusreasonable_rulescondominium_associationfair_housing

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