legal issues surround homebirth when renting

[Lillypop]

I'm writing here even though I'm going to UC, I may x-post it there if I don't get an answer here (I figure this forum gets a little more traffic).

Just got a new apartment and we're moving in this weekend. It will be DS and I (DH is not in the picture anymore) and I am 20 weeks pregnant. I have hidden the pregnancy so far, when we saw the apartment and at the lease signing. Big shirts, wearing DS in the wrap on my front/hip, etc. Legally I do not have to say that I am preggo, and I was afraid to reveal it because they wouldn't have rented it to me (they can't do that but they'd find another reason). It's a 2 BR apartment. We will bedshare (do now and will with new baby) and the second BR will be a toyroom.

Can I legally birth at home when my home is rented and I don't own it? Aside from the noise issue (which won't be much and won't be long) which I'm not really concerned about. Can they evict us once the new baby is born for adding another occupant? Or can they just not renew my lease after 1 year? If you don't know the answer to these but can point me in the right direction that would be very helpful. Thank you!

[Annoia]

It may depend on your state. Based on my own experiences, I would say you are probably fine in a two bedroom with two kids. Check your local renters rights and your lease agreement. It usually says how many people you can have per room.

Whether or not you can homebirth in a rental? I did, and really didn't think twice about it. Neither did my midwife.

Others might have more helpful information.....

[mwherbs]

well you can legally give birth there, I think in order to be excluded it would have to be specifically spelled out that it is not allowed and then they would probably be on shaky legs- because any pregnant woman can possibly give birth precipitously anywhere -
but I am wondering what your lease says about number of occupants- if you have to pay more for more people or just exactly how that is written up- sometimes you can find a renter's rights group that has info about what is legal in your state and what your landlord has an obligation to do as well as what you have to do.

[thursday2]

Legally, technically, you should be able to birth there - but there's a slight possibility, if the landlord or neighbors are jerks, that the landlord could get you on excessive noise (still couldn't evict you, as any judge would realize you're only giving birth once, not regularly) or permanent damage to the facility (if you stain the carpets or something - again, couldn't evict, but could keep your security deposit.) A landlord can always choose not to renew a lease, so if he is upset by your home birth, that could be a stronger possibility. I don't think most landlords will care too much, as long as you clean up.

The issue of hiding the new baby, however, could get you evicted. It's clear you're hiding the pregnancy now, and he can't evict you for having another kid if your rental laws allow it (which most do - 1 BR for you and 2 kids "sharing a BR" is common), but he might have a legal leg to stand on if you claim there are only 2 people living there when there are in fact three. His insurance, etc. needs to know how many people are occupants. My advice - have the baby, then tell the landlord, "I officially had my baby the other day. Her name is Jane Joan, for your records." As if you weren't hiding the pregnancy at all. If he mentions he didn't realize you were PG, you can always say, "Well, aren't you sweet! Yes, I carry them well."

[jenfl]

I did my homebirth in a rental apartment. Didn't tell the leasing office, they didn't find out. Told the neighbors we were going to "labor as long as possible at home". The midwife knocked at the wrong door, but that's the only reason the neighbors knew.

Although we did splash a little bit of cord blood on the wall when we cut DD's cord, but they had to paint over that wall anyway.

[mysticmomma]

The 2 person per room rule is very old. It's now much more flexibile and most places don't count a baby until 18-24 mos. Unless your lease says "you cannot give birth on our premesis" or something similar, it's certainly legal.

[mysticmomma]

I'm planning my second hb in an apt any freaking day now... get out already!

[miriam]

Of course you can have a baby in a rented unit. Possession is nine tenths of the law.

[gabeyho]

I don't see what the big deal is, unless you have unusual rental agreements that charge per person. Even then, they can't tell you not to get pregnant or have a baby while living there. In the apartment we left a few months ago we had two when we moved in and four when we moved out! We never thought we had a reason to call the landlord to let them know there is one more person living there. Now, the house we are renting, the lease says 2 adults and 3 kids; I asked if it was a big deal that it says three but we have four, and she said "whatever". And we are going to UC here in January, none of the owner's business. You just have to make sure you don't exceed the maxiumum number of people allowed to live in your unit, as stated on your lease. But 3-5 persons in a 2 BR is pretty common; the occupancy limit is usually whatever the fire department and building codes say it is. Good Luck!

[Noelle C.]

As long as the total number of occupants remains at or below the number allowed by law, they can NOT evict you for having another child. Could you imagine the hell that would happen if women had to get abortions because they couldn't afford to move? Either have an abortion or be homeless?

In most states, the number of occupants allowed are 2 per bedroom plus 1. Generally the +1 is for a baby up to 18 months (24 months in some states). They can't charge you an additional deposit either for a new child the way they could having another adult move in. This is federally considered discrimination.

So you are fine on that front.

I'm also questioning the legality of planning a homebirth in an apartment. I'm suspecting the managers could try to make things hell. If we go with a homebirth instead of hospital birth, we'll we talking to the neighbors only ahead of time so they know and don't call 911 or anything.

[MrsAngelic]

I am wondering this also as baby#5 is due in December/January and the lease says maximum occupancy for our 3 bedroom is 6 people. Wondering when baby counts as number 7. So far I have done the same thing in hiding the pregnancy, and having my husband hand in the rent check. Our lease is up in February so I guess we'll see what happens then. We can barely afford a 3 bedroom, and 4-bedrooms are not common so we will see. Also, kinda counting on the manager who is a mom herself not being willing to kick our whole family out.

[inkedmamajama]

it doesnt matter whats on your lease, its your city's occupancy laws which really matter. some landlords break the law themselves by saying they wont rent to people with more than one child, etc...do if your landlord has stuff on the lease like that, it is a violation of laws protecting you regarding familial status

[Pookietooth]

I never thought about whether it would cause legal trouble to birth at home in a rental apartment. I hope not, because I'm hoping to have a home birth next month and we're in one!

[gardenmommy]

I never considered this. We are in a rental house, and planning a HB in the spring. I think I would just not tell the landlord (unless specifically asked, of course, at which point I would be completely truthful). I mean, like a PP said, if we just planned to labor at home as long as possible, and then had the baby at home by accident, what could he do? (That would be assuming we planned to birth at the hospital, not in a planned HB.) It just happens that we *are* planning a HB, and will have all the supplies in hand to cover the carpets and bed and whatnot.

[bethanyclaire]

I certainly didn't call and ask my landlord permission to create the baby in my rental... and I wouldn't ask permission to birth it there either.

I'm not in an apartment (and I'm a quiet birther) so I'm not worried about noise, though. I would imagine I would do what some of the pp's suggested and just mention that you will be laboring at home so not to freak out if it gets noisey.

As far as having another child living there... I don't know what I would do in your situation. They can't kick you out for having another child, that would (most likely, depending on your location) be against the law. My co-landlord is also my neighbor, so she's gonna notice! When we were in an apartment I doubt that I would have even mentioned it. I don't think it would have even occured to me to tell the leasing office.

[ShwarmaQueen]

You could try calling your local Bar Association and see if they have a free "Legal Line" sometime (volunteer attorneys answering simple questions). I know in Houston, they hold one ever so often and it's very helpful.

[Phantome]

I am a leasing agent, and have had to spend many, many hours in an educational setting learning the Fair Housing Act inside and out. I hope I can set a few things straight for you, and ease your fears. Here it is:

Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).
And the link for more info:

http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfm

It is absolutely against federal law for a landlord to deny you housing or evict you based on your pregnancy or number of children, as long as the number of occupants does not exceed 2 per bedroom plus one (0-24 months). The only people legally required to be on the lease are those living in the home that are 18+ years old. You can report minors to the landlord out of courtesy, but it is not required by law.

Furthermore, if you are denied, HUD requires that you are given all the reasons IN WRITING as to why. You should have been given or had the opportunity to read in the office what the leasing requirements are. You can only be denied if you do not meet one of those requirements (income, credit rating, felony/sex offender status, etc.). They can't just trump up reasons not to approve you (it would never have occured to us to not rent to a pregnant lady- we're always excited for her!). Same with if they don't renew you- must have reasons in writing, and it must be a specific violation of a lease clause.

Also, it is against the law to dictate in a lease that you cannot have a homebirth, or that you could be evicted based on excessive noise in the event of a homebirth. It would be akin to evicting someone based on medical status or situational medical emergency (which is how it would be classified), which is a big no-no (unless homebirth is illegal in your state, in which case it would be state law, not HUD law)- just like you couldn't deny housing to someone with cancer or who fell down the stairs and broke their leg.

We have had several of our residents have homebirths- sometimes they tell us in advance, sometimes not, either way, we're always happy for them! The only thing the landlord could take issue with is if you somehow caused permanent damage to the dwelling and refused to take responsibility to pay for/fix it before moving out (the pool leaked and damaged the flooring, blood on walls that you didn't/wouldn't clean up, etc). Even in that case, it could only be taken into consideration after the fact (as in, he couldn't fine you in advance for "anticipated" damage).

In any event, If you are ever treated in a manner that's unfair according to the Fair Housing Act (which is FEDERAL LAW- there is NO negotiation on the part of your landlord- either he complies, or he goes to jail. PERIOD.), you must report it right away to your local HUD Housing Department- they regulate local laws, and can put a stop to any discriminatory practices, while ensuring that you are not retaliated against.

If you have further questions, I can answer them- this was kind of long, but I hate to see people live in fear because they aren't aware of how HUD laws protect them! Have a happy homebirth, and share the joyful news with your landlord- they're people too, I'm sure he/she will be happy for you!

-Phan

[cathicog]

: Excellent advice. Two of our three children were born in apartments, one was rent-assisted...so they can't kick you out cuz of that. We didn't tell our neighbors, cuz I am a pretty quiet birther, and the lady below us with her boyfriend made more noise than I did! LOL! Everyone was happy...

[Phantome]

Just thought I'd add a little addendum to my previous post that I forgot earlier. It is also illegal for a landlord to dictate how many children a dwelling is allowed to have (outside of the 2 per bedroom plus one). For instance, he can't say that he only rents to families with one child.

Basically, if a person meets all the rental requirements (regarding income, felony status, credit rating, etc), the landlord is REQUIRED to rent to them. They can't pick and choose who they like and don't like. Just let me know if you have any more questions!

-Phan