A newly-developed Tempe apartment complex has everything a college student (with the money to live the life of luxury) is looking for: wide-open floor plans, extravagant amenities and a close proximity to Mill Avenue.
The only problem? Renting in the complex is not available to college students, even for those who can afford the approximate $2,000-a-month price tag for a two bedroom apartment.
Hanover Mill Avenue, a brand-new apartment complex located near the intersection of Fifth Street and Mill Avenue, rents exclusively to those age 23 and older, a requirement that has split the legal opinions of city officials and college students alike.
Eric Kenney, Hanover's developer, said the apartment complex is not breaking any laws in the eye of the federal government, which he said trumps all city-wide laws.
Tempe has two city-wide ordinances that have called people to question the legality of the Hanover's age requirement: one against discrimination and another for fair housing.
The anti-discrimination law allows fines up to $2,500 to be placed on businesses that discriminate on factors such as sexual orientation, race, religion, disability and age. The fair housing ordinance states it is unlawful for any person, including owners, landlords and agents, to discriminate against any person in any condition involving housing.
Kenney said the two ordinances — and the fair housing one in particular — state they do not supersede federal laws.
"Age is not a protected class under the fair housing law," he said. "On page 11 of the Tempe Fair Housing Ordinance, it said nothing supersedes federal laws."
Nikki Ripley, a city of Tempe media relations officer, wrote that both the Tempe anti-discrimination ordinance and the section of Tempe City Code relating to fair housing include age protections.
However, Title VIII of the federal Civil Rights Act of 1968 prohibits discrimination in housing-related transactions based on factors such as race, color, national origin and sex, but states nothing about age.
Ripley wrote that the city cannot step in until someone files a complaint against the apartment complex with evidence of discrimination against the city's anti-discrimination ordinance.
"If an individual believes there is evidence of discrimination, that person must file a complaint with the city as described in the code," she wrote in an email. "This includes the complainant’s contact information, the basis of the complaint, allegations and possible evidence of the discrimination."
Exercise and wellness junior Ashley Bratek said even though she is not of age to rent from the apartment complex, the age requirements in Hanover has already turned her away from living there in the future.
"Part of the appeal to living off campus while in college is getting that freedom while experiencing the fun of living with roommates," she said. "I feel like Hanover is definitely turning themselves away from ever appealing to college students, even after they graduate."
Related Links:
Apartment housing demand continues to grow in Tempe
Turn down for Tempe's redevelopment efforts
Reach the reporter at Jlsuerth@asu.edu or follow @SuerthJessica on Twitter.
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