Cal. Civ. Code § 237-A
Discrimination against children in dwelling houses and manufactured home parks
Operative Text
§ 237-a. Discrimination against children in dwelling houses and manufactured home parks. a. Any person, firm or corporation owning or having in charge any apartment house, tenement house or other building or manufactured home park used for dwelling purposes who shall refuse to rent any or part of any such building or manufactured home park to any person or family, or who discriminates in the terms, conditions, or privileges of any such rental, solely on the ground that such person or family has or have a child or children shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than fifty nor more than one hundred dollars for each offense; provided, however, the prohibition against discrimination against children in dwelling houses and manufactured home parks contained in this section shall not apply to: (1) housing units for senior citizens subsidized, insured, or guaranteed by the federal government; or (2) one or two family owner occupied dwelling houses or manufactured homes; or (3) manufactured home parks intended and operated for occupancy by persons fifty-five years of age or older. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b)(2)(c)(42 U.S.C. 3607(b)(2)(c)) of the federal Fair Housing Act of 1988, as amended, shall apply. b. Civil liability: (1) where discriminatory conduct prohibited by this section has occurred, an aggrieved individual shall have a cause of action in any court of appropriate jurisdiction for damages, declaratory and injunctive relief; (2) in all actions brought under this section, reasonable attorney's fees as determined by the court may be awarded to a prevailing plaintiff.
N.Y. Real Prop. Law § 237-A makes it a misdemeanor for owners or operators of apartment buildings, tenement houses, other residential buildings, or manufactured home parks to refuse to rent to a person or family—or to impose different rental terms—solely because that person or family has children. Violations carry a fine of $50 to $100 per offense. The prohibition has three narrow exceptions: federally subsidized senior housing, owner-occupied one- or two-family homes, and manufactured home parks lawfully operated for residents aged 55 and older. Beyond criminal penalties, the law also creates a civil cause of action allowing an aggrieved individual to seek damages, declaratory relief, and injunctive relief, with the possibility of attorney's fees awarded to a prevailing plaintiff.
Plain English — not legal advice.
Under N.Y. Real Prop. Law § 237-A, compliant residential property owners and managers apply the same rental criteria, lease terms, and conditions to applicants and residents regardless of whether they have children. Operators of manufactured home parks should confirm whether their community qualifies for one of the statute's recognized exceptions—such as a lawfully established 55-and-older community—before relying on any age-based occupancy policy. Maintaining consistent, documented screening standards that do not reference the presence of children helps demonstrate that rental decisions are made on neutral grounds.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 237-A gives tenants and applicants with children the right not to be refused housing or subjected to different rental terms solely because of their children, and a violation of this provision can expose a landlord to both criminal penalties and civil liability. If you believe you have experienced this form of discrimination, § 237-A provides a civil cause of action in a court of appropriate jurisdiction, where you may seek damages, declaratory relief, and injunctive relief, and a prevailing plaintiff may be awarded reasonable attorney's fees. Tenant-rights organizations, local fair housing agencies, and the New York State Division of Human Rights are among the resources that can help you understand the enforcement paths available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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