Can signs exclude some children from using an apartment playground?

Question: I am the manager of an apartment community. The community’s owner is planning to construct a playground in the central courtyard next month. I am concerned about preventing the children from being hurt when they use this new facility. I would like to put up safety signs preventing very young children from using the playground and requiring that older children be supervised when playing there. I know there are fair housing laws preventing discrimination against families with children, so I want to be sure the signs don’t violate those laws. What type of signage language would you recommend that would meet these requirements?

Answer: Federal and state fair housing laws prohibit differences in the terms, conditions, privileges, services or facilities in the sale or rental of housing to families, except where health and safety codes apply. Rules governing behavior in an apartment complex must not discourage families with children from residing there or from full use of the facilities.

As applied to your question, these laws would prohibit the use of signs excluding certain groups of children from using the playground, because that exclusion would discourage families from living in your community or would deny full access. The same laws would permit you to use signs that give information about the playground in order to promote child safety, which would be a legitimate health and safety concern.

Rather than prohibiting certain children from using the playground, parents and guardians could be cautioned with language such as, “Parents and guardians are responsible for the safety of children playing on the playground.” This language would permit families with children to have full use and enjoyment of their housing, while still addressing your concern about safe use of the playground.

Playground safety signs could also provide information to parents and caregivers explaining how to safely use your facility. For example, housing providers could post signs with information such as, “This playground equipment is intended for 2- to 5-year-olds.” Additionally, housing providers should refrain from imposing overly restrictive rules and signage on all families based on a bad experience with one family. If one child creates a problem when using the playground, you should address that child’s family individually, based on specific unacceptable behavior.

Eichner is director of Housing Counseling Programs for Project Sentinel, a Bay Area nonprofit. Send questions to info@housing.org.