THE PITFALLS OF RENTAL CAPS FOR HOUSING SUBDIVISIONS The ideal decision of allowing rentals in a subdivision depends on adherence to the HOA covenants . It does not matter who is the tenant in the house, a Homeowner or a Renter. What is important is that they follow the HOA guidelines and etiquette of the subdivision and retain the value and harmony of the community. - Solomon Borgawker ------------------- LEGAL RAMAFICATIONS: An HOA rental cap could potentially violate fair housing laws if it disproportionately impacts families with children, which are a protected class under the Fair Housing Act (FHA). Fair Housing Act and Familial Status The Federal and state Fair Housing Acts prohibit discrimination in housing based on "familial status," which protects families with children under the age of 18, pregnant individuals, and those in the process of adopting or securing custody of a child. HOA rules, including rental restrictions, must comply with t...