Marina Point, Ltd. v. Wolfson

In January 1974, the Wolfsons (Defendants) became tenants in a building owned by Marina Point Ltd. (Plaintiff). Plaintiff’s rental policy excluded families with children or pregnant women, although at the time, many of its tenants had minor children. Plaintiff decided that any existing children could remain but that it would not allow any more children going forward. In September 1975, Mrs. Wolfson gave birth to a son, Adam, who then lived with them. Defendants renewed their lease without informing Plaintiff about their new son. Plaintiff later refused to renew the lease because of Adam. When Defendants failed to surrender the apartment at the end of their lease, Plaintiff filed an unlawful detainer action. Defendants claimed that Plaintiff’s discrimination against families with children violated the Unruh Civil Rights Act. Plaintiff argued that their exclusionary policy was based on past experiences with unruly and disruptive children. It also presented expert, but anecdotal, testimony that maintenance costs increase if there are children. But it did not present any evidence that Adam had ever been disruptive. The trial court held that children and families with children were not protected from housing discrimination because they are not included in any statute or case law.