Fair housing act landlord discrimination?

[denys]

we have been battling with our downstairs people about us "being too loud". our 2 year old is running around the house playing and stuff, and the complex is cheaply built. so she hears every step. she has been beating and beating on the ceilings for a few months now. she has gotten to the point where she is complaining enough to the apartment complex that they actually gave us a "lease violation" for noise. She wrote a personalized note on the bottom of the violation stating "there is to be no running stomping, playing with balls, slamming doors, or yelling from the patio, This should make all people who live in the area happy. If you do not comply you and your wife will be forced to move"

To me this seems a little jacked up. She wrote that just to us, and our apartment now has different and more strict rules and policies than everybody else who lives here, just to please the downstairs neighbor. Is this right? Can she legally do this and tell us WE CAN'T STOMP SLAM DOORS RUN OR PLAY BALL INSIDE OF OUR HOUSE? (she's aware by playing ball its not a basketball or anything, its a blow up $1 ball from walmart).

She is also aware that we are not intentionally being loud. Up until we got that lease violation we have been walking on egg shells to please the downstairs neighbor. We are doing nothing but living a normal life. We just happen to live upstairs with a 10 year old, a 6 year old, and a 2 year old.

This "new policy" did not go out to other neighbor's either. This was written directly to us.

I live in texas BTW.


JUST BECAUSE THE LANDLORD STATES THAT WE ARE NOT ALLOWED TO JUMP RUN SCREAM PLAY BALL YELL ETC DOES NOT MEAN THAT WE ARE ACTUALLY DOING THAT.
THOSE ARE FALSE ACCUSATIONS FROM THE DOWNSTAIRS NEIGHBOR AND PART OF HER COMPLAINT. THAT WE PLAY BALL IN THE HOUSE. HOW THE HELL WOULD SHE KNOW WHAT WE ARE DOING IN OUR HOUSE?? SHE SAYS OUR BABY THROWS HIMSELF ON THE GROUND AND MAKES TOO MUCH NOISE?? SHE HAS NO IDEA WHAT WE ARE DOING.

I've read and think this is is a discrimination against our family. We are not making excessive noise. We are living our normal life. Our kids play outside ALL the time. The second they walk upstairs, shut the door, and walk into the kitchen for a cup of water, BANG BANG. They get up in the morning for school, BANG BANG. we are literally walking in the hallway and we are "being way too loud"

This article came from a lawyer's website.

Can my landlord evict me if my kids make too much noise while playing inside the apartment?
No. Your landlord will probably be surprised to learn that he cannot tell your children to quit playing inside of the apartment. Federal and state fair housing laws expressly require apartment dwellers to put up with normal, reasonable noise from children. This noise would clearly include noise made by children while playing in an apartment, provided that their conduct isn’t overtly unreasonable (e.g. jumping off their beds at 1 a.m., or playing the stereo on high late at night) . The manager cannot evict you if your kids have been making normal noises while playing inside your apartment, such as laughing, giggling, or rolling on the floor. To do so is illegal. The law does NOT make another tenant’s desire for peace and quiet paramount to your children's right to play in their apartment. To the contrary, the law expressly states that a desire for peace and quiet is NOT grounds for making rules against children. Children make noise. That’s part of being a kid. The law requires landlords and tenants to put up with such noises. This would include allowing kids to play around inside their apartment at reasonable hours even if another tenant complains.


And also in the 1968 fair housing act- discrimination section it states - Policy #4 it is illegal to Set different terms, conditions or privileges for rental of a dwelling (apartment)

I think I shoudl be speaking to a lawyer. Our kids are not making excessive noise. My wife and I are not making excessive noise. We are merely walking, taking showers, opening and shutting doors (NOT SLAMMING). We are not animals like this liar lady has made us out to be.

I really appreciate all the input.

[charlot22]

You are crazy if you think people are going to read that RANT so shorten it to the FACTS. What I did reads sounds like you are the upstairs tenants from hell and do not really care about anyone else. I would be in Managements office 24/7 if I lived below a stomping, running, yelling kid.

[croslea]

i'd complain directly to the manager of the company that runs your apartments, and cite that thing you c&ped.

i have a 3 year old and live on the second floor, but when i moved in i talked to the people under me and said 'i hope you don't mind noises from 3 year olds', and the lady said that she'd had kids and she understood. i let him jump off things and pound the floor a few times, and then tell him that that's enough and i explain why. he thinks that the people under us live underground, which is awesome.

anyway, if speaking to your landlord and then speaking to their manager doesn't solve things, then yeah, talk to a lawyer.

[eochaidh94]

How did the lady complaining write on your violation notice? It would have been mailed not pinned on your door. Sounds like you are upset by the old lady and need to deal with how she is making you angry.

[lazaro94]

tl;dr

[hillocke]

Your landlord cannot evict you for having children who make noise as long as it is not excessive. Talk to your landlord about moving into a ground floor apartment. Not much else you can do. Your neighbor can complain and your landlord must react. I would suggest moving when your lease is up.