Interesting phone call from our leasing office

rgurien_IHB

New member
I'm posting this here on the encouragement of some neighbors in my apartment complex:



I received a call this afternoon from the complex manager regarding my sons' playing outside. He told me that children are not allowed to play in the streets, driveways, or walkways of the complex because it is too dangerous. When I asked him to explain what he meant, he said that he has seen children running or riding in the streets and in the way of cars and that is too much of a hazard to the complex.



I then asked why children couldn't play on the walkways and he explained, again, that it is "too dangerous" to have children running around and getting in the way of other people. When I asked why "other people" had right of way over children, he changed his story and said that when children play on the walkways it's too loud for people who may be at home working or relaxing. I asked him to define what kind of play would be allowed outside--jumping rope? Playing jacks? Hide and seek? He responded that playing jacks would be okay if it is on the patio. I asked why not jumping rope or hide and seek? He claimed that those activities are too loud. He also said that children could play at the pool if they were supervised or go to the parks in the area. I asked him if kids could ride scooters or bikes on the walkways if they were going to a park and he said "yes." I then asked him what made going to the park less noisy than just playing on the sidewalk and he didn't answer me, just went back to the arguments about "danger" and other tenants, and that people can "tell when a kid is going to a park."



He also told me that he was making these same calls to other parents and that none of them were giving him the "trouble" I was giving him. I told him I found it hard to believe that other parents were not upset about being told that their kids can't play outside. He said that kids can play outside, but they can't play on the walkways, the driveways, or the street. I asked him what was left, and he didn't say--just went back to his same story about it being too "dangerous and noisy."



Now the real curious thing about this is when I got home from work tonight I saw at least three different groups of kids playing in the driveways, and two young children riding scooters on the walkways. I asked two different families if they got calls from the manager (since our kids play together almost daily) and they told me no. Both families seemed pretty surprised that I would have gotten a call like that; one person wondered if the complex was suddenly turning into a senior community, and if so, perhaps they would be paying to relocate all of us.



Now, I am not at all claiming that my children are perfect angels. I know that they can be noisy and I know that they sometimes yell when they play outside (but no more than any of the other kids.) I know that one of my sons is still unsteady on his bike and it is certainly possible that he could have ridden in front of a car. Dangerous, certainly. But a call to simply remind me and my husband (who works from home, by the way) to have the boys keep it down and/or not ride in the street would have been enough. But to tell me that my children cannot play outside anymore? Way over the top. Oh, and did I mention discriminatory? Not part of our lease. And, um, maybe even a violation of housing codes?



I'm new here and don't know how privacy is handled, so I hesitate to give my name or even the name of the complex. But yes, it is an Irvine Company rental community.



I'd love to hear some suggestions regarding what you think we should do in response. Though I'm likely to ask my kids to keep it down this week (they'll be in camp starting Monday) I also want to make sure this manager knows just how appalling his request and the way he handled it was.
 
I'm curious what the lawyers on the board have to say because my initial reaction is that this manager just opened a potential lawsuit for his boss. I personally abhor my private space being invaded by screaming children, but kids have to play. If someone decides to rent an apartment where there are lots of kids, then the tenants have to deal with the fact that kids make noise.
 
Call your leasing office and ask them for the number to the IAC corporate office. They all have it...don't let them tell you they can't give it out...they have to. If they absolutely refuse let them know you will just call other IAC communities and get the number from one of them. IAC Corporate has a very serious customer service department for things like this.



They don't mess around when it comes to fair housing liability and this could easily be construed as discrimination based on familial status.
 
Doesn't make sense to ask tenants with families not to let their kids go outside to play. I thought that Irvine sells itself as being "family" friendly and great for kids. This is kinda scary...it reminds me of a kids xmas tv show they play every year, not the rudolph one but the one about santa clause and how a mayer (I think he was called Bergermeister) of a town banned all toys from the town and kids weren't allowed to play...anyone remeber that one? Anyways, this is very sad and like I said, kinda scary...
 
In some IAC complexes at least, certain children's activities like biking and scooter-riding are prohibited. It's a liability issue for the apartment complex. If a kid's riding his bike and darts around a corner and gets hit by a car, the complex could get sued.



I may be in the minority, but I think this rule is reasonable. Most of the complexes have tot lots or nearby parks where the kids can play, so there's no reason for kids to be playing in the streets. Just my 2 cents.
 
[quote author="traceimage" date=1245846027]In some IAC complexes at least, certain children's activities like biking and scooter-riding are prohibited. It's a liability issue for the apartment complex. If a kid's riding his bike and darts around a corner and gets hit by a car, the complex could get sued.



I may be in the minority, but I think this rule is reasonable. Most of the complexes have tot lots or nearby parks where the kids can play, so there's no reason for kids to be playing in the streets. Just my 2 cents.</blockquote>


I was about to say the same thing. Liability issue(s).
 
And if the other families didn't get a call. Maybe someone made complaints about your kids. And this "kids will be kids" doesn't mean they can run amuck.



And why is it that you're giving the complex manager a hard time. Yet, the other parents didn't give him a hard time? And even if there are no rules regarding kids' behaviors. There is what they call common courtesy to your neighbor/tenants.
 
If he said that your kids are not allowed to play outside to me... I would have burst into laughter.



Chances are something happened, maybe there was a close call with your child and a car, that provoked the call.



I wouldn't be so defensive. Even though the manager appeared to be an asshole, maybe he actually has the best interest of your child at heart, and doesn't want anything to happen. By him telling you, you are on notice that the area is not suitable for mobile children activities, maybe because drivers line of sight is lacking.



Nobody wants to see an injured child. Be open and honest with the kids and make sure they are not afraid to tell you anything. Make sure that they know if something bad happens, no matter what, they can confide in you. Ask them if anything like this has happened, like a close call hitting a car or making noise. Let them know its dangerous because driver either cannot see or are not paying attention. ALWAYS wear a helmet. COMMUNICATION IS THE KEY.



If he really thinks your kids can be banned from the outdoors, then I am ready to call the cold war for the USSR.
 
If I lived in a complex and got called telling me that my children couldn't play outside knowing full well that there are plenty of other kids who play outside, I'd definitely give that person a hard time. I'd question everything they said. I'd also ask the other parents if they had gotten called about this and if they hadn't, I'd definitely be calling their manager on this. If it's a policy and everyone is equally held accountable to it, that would be fine. If not, it's some form of discrimination. Having said that, if I did live in a busy complex, I would have my kids play in a designated safe area.
 
[quote author="flmgrip" date=1245845561]first post do i need to say more... ?</blockquote>


My crap detector didn't go off. However, this could be a troll. Either way, awesome thread.
 
[quote author="no_vaseline" date=1245850798][quote author="flmgrip" date=1245845561]first post do i need to say more... ?</blockquote>


My crap detector didn't go off. However, this could be a troll. Either way, awesome thread.</blockquote>


Me either.



Anyway, I say call corporate to explain what happened, and said manager will be transferred to Park Watts, or... asking if you want fries with that the next time you see them.
 
This is something I think about often, because the kids in my complex (Woodbury Place) ride bikes, scooters, etc. near their garages and around the complex and a lot of the other tenants drive quite fast. I don't know my neighbor other than to smile and nod as he calls his kids out of the street so I can park my car. I'm honestly surprised there aren't more accidents in this complex as it is, with the way people cut around the corners.
 
[quote author="flmgrip" date=1245845561]first post do i need to say more... ?</blockquote>


Wow, so anyone who posts a question without ever responding to other threads first is a troll? You must be related to the complex manager. As I wrote, I posted this because my neighbors suggested I do so. Never knew about this blog before now. So shoot me.



Yes, it had occured to me that this incident was specific to my children. As I said, I know that they are not perfect. And yes, if he called to tell me that the kids can't play in the street because they are darting in and out of traffic, yeah I would get that, too. My main beef is this rule that my children couldn't even play on the walkways. I asked him to repeat that several times, because I wanted to make sure I heard him correctly. As I wrote in my OP none of my neighbors got called and when I got home from work yesterday it was "business as usual" for other kids: playing in the driveways, scooters on the walkways. Is it really acceptable for a complex to make rules about my kids' activities and no one elses? That's not a rhetorical question. I would like to know if IAC has the right to do that to a family.



I really don't want to cause problems--our lease is up in August and we are likely to renew. Quite frankly, we can't really afford to move. I want to make sure that these calls are not the start of a pattern designed to make our living here less and less bearable. Do I need to go on record with IAC now, or is it enough to wait this one out and provide a paper trail the next time?
 
We stayed at apartment Complex at Quial Hill for couple months when in-between houses. I remmeber there are at least couple parks inside with play structures, etc. we always took our kids to the park. yes, there is a lot of driver ways, etc, between parking lots that kids can bike, rollblade, etc. But, why will you even let your kids play in those areas? The chances your kids hit some car ( parked or moving) , or get hit by a moving car is relatively high. Just because your neighbours let their kids play the same way, doesn't mean it is safe.



Regardless where is your apartment in Irvine, there is always a short drive to a local park with play structure, and sidewalk for biking. You should consider doing that instead.



By the way, if your kids do get hurt by a moving car, will you consider suing the complex? ie. trying to figure out why the complex didn't put stop signs everywhere to prevent it?



I think the policy of not playing in area where car goes is reasonable. For the complex it is liability, for the parents, it is safety. When those two come together, means don't play in areas where car goes. Kids don't know how to look around all the time.



In terms of noises, I would say it is bullshit. Kids are kids, they make noise as long as it is not after midnight. If someone wants to avoid noise in apartment complex, they can move to Laguna Woods. You should strongly argue this point if that is the main reason.

Good luck!
 
[quote author="traceimage" date=1245846027]In some IAC complexes at least, certain children's activities like biking and scooter-riding are prohibited. It's a liability issue for the apartment complex. If a kid's riding his bike and darts around a corner and gets hit by a car, the complex could get sued.



I may be in the minority, but I think this rule is reasonable. Most of the complexes have tot lots or nearby parks where the kids can play, so there's no reason for kids to be playing in the streets. Just my 2 cents.</blockquote>


Can a landlord refuse to allow children to play with toys or play outside because he is worried about liability or is fearful of getting sued?



No. By law, children are allowed to play outside unless there is a compelling reason to prohibit it, such as there being a real and present danger if the child is allowed to play with toys. A landlord?s fear of getting sued does not give him the right to cancel out such rights. Courts are concerned about actual, real danger, not possible dangers that can occur. For example, there is clearly a risk if children are allowed to shoot bb guns, hit hard baseballs, or throw lawn darts in the common areas, as an injury could easily occur. Obviously, a landlord can prohibit such activities. However, there is no such risk if children toss sponge balls, blow bubbles, play hopscotch, or play badminton. There is no risk with these activities. A manager cannot prohibit kids from engaging in such activities.



See www.discriminationiswrong.com
 
[quote author="badcandy" date=1245856332]This is something I think about often, because the kids in my complex (Woodbury Place) ride bikes, scooters, etc. near their garages and around the complex and a lot of the other tenants drive quite fast. I don't know my neighbor other than to smile and nod as he calls his kids out of the street so I can park my car. I'm honestly surprised there aren't more accidents in this complex as it is, with the way people cut around the corners.</blockquote>


Does the peace and quiet of the community allow the landlord to prevent kids from playing outside?



No. The law requires tenants to put up with reasonable noises made by children. 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. It is illegal to attempt to silence children so that others will not have to deal with their noise. Any rule that attempts to do so is illegal and unenforceable. As such, a landlord cannot prohibit children from playing hopscotch, Barbies or dolls, hand held video games, reading books, or tossing soft balls. On the other hand, the landlord can prohibit unreasonable noise or potentially harmful conduct. Along these lines, the landlord could prohibit children from playing with hard balls, from throwing darts, or from playing drums or making noise at an unreasonable hour.



see www.discrimnationiswrong.com
 
[quote author="leapster" date=1245871499][quote author="flmgrip" date=1245845561]first post do i need to say more... ?</blockquote>


Wow, so anyone who posts a question without ever responding to other threads first is a troll? You must be related to the complex manager. As I wrote, I posted this because my neighbors suggested I do so. Never knew about this blog before now. So shoot me.



Yes, it had occured to me that this incident was specific to my children. As I said, I know that they are not perfect. And yes, if he called to tell me that the kids can't play in the street because they are darting in and out of traffic, yeah I would get that, too. My main beef is this rule that my children couldn't even play on the walkways. I asked him to repeat that several times, because I wanted to make sure I heard him correctly. As I wrote in my OP none of my neighbors got called and when I got home from work yesterday it was "business as usual" for other kids: playing in the driveways, scooters on the walkways. Is it really acceptable for a complex to make rules about my kids' activities and no one elses? That's not a rhetorical question. I would like to know if IAC has the right to do that to a family.



I really don't want to cause problems--our lease is up in August and we are likely to renew. Quite frankly, we can't really afford to move. I want to make sure that these calls are not the start of a pattern designed to make our living here less and less bearable. Do I need to go on record with IAC now, or is it enough to wait this one out and provide a paper trail the next time?</blockquote>


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.



Seehttp://www.discriminationiswrong.com/families2.html



I would go on record now. I would send a letter (not a phone call) to IAC stating clearly the Fair Housing Laws that prohibit your landlord from forbidding your children to play outside when they are not causing UNREASONABLE danger to themselves or others or when they are making a REASONABLE amount of noise that children make when playing outside. I cannot even fricking believe that ANYONE would expect that children not be allowed to play outside in fricking Irvine, CA. What a load of shit that anyone would think of agreeing with that jerkoff. If anyone is hot and bothered by the noise or sight of children playing, then I would suggest one of those senior communities in Laguna Woods or whereever the hell it is.
 
How Strict Can An Apartment's Rules Be Against Children?



It is a common misconception that an apartment complex can make rules against children. This is completely false, however, it happens all of the time. In rare situations, apartments can make some, limited rules against children. Absent the rare situation, it is illegal for apartments to have rules which prohibit children from playing outside, riding bikes, playing with toys, laughing, screaming, or having fun.



The only time that an apartment can make rules against children is if there is a potential danger to children and the rule isn't too broad. For example, it would be okay for an apartment to have a rule that says, "No children under 5 years of age in the pool without a parent." This rule is reasonable and protects the child. However, it would be illegal if the rule said, "No children under 17 years of age may be in the pool without an adult." This rule is much too broad, as some children under 17 years might not need assistance.



It is always illegal for an apartment to have rules which state, in effect, that children are not allowed to play, walk, sit, stand, or talk in the common areas. In other words, it is illegal to require children to stay indoors. This is true even if children cause noise. The law realizes that children make noise and requires society to put up with this noise, provided that the children aren't being unreasonably loud. For example, it would be okay for an apartment to prohibit children from playing drums or playing their radio very loudly. However, it would be illegal for an apartment to penalize children for laughing, talking loudly, or getting excited in public. Although a landlord may want a quiet complex, the law does not permit it. Rather, the law requires all complexes to accept reasonable noise from children. By the way, if a landlord threatens or attempts to evict a person because their children made reasonable noise, then this would be discrimination.



http://www.discriminationiswrong.com/apartment.html#strict



Seems pretty clear to me that YOU are the one that is right, and the leasing manager that called you is dead WRONG.
 
If he gives you anymore shit, here is the website for the Fair Housing COuncil in Orange County:



http://fairhousingoc.org/



Here is the link to their brochure on your rights:



http://fairhousingoc.org/your_rights.pdf



It clearly states "familial status" (with children) as a protected status, and that different treatment in use of facilities and common areas is a form of discrimination.



So there you have it..... this is what the "lawyer" thinks.
 
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