The owner of the rental property I manage wants to limit the number of people who can live in the property. Will such a policy violate fair-housing laws?
Possibly. A property owner who tries to impose limits on families with children may be violating fair-housing laws that protect familial status.
The U.S. Department of Housing and Urban Development says an occupancy policy of two people per bedroom can be reasonable, but other factors should be considered, including the size and number of bedrooms, the age of the children, and the configuration of the unit.
You should ensure that your occupancy policy is consistent and applies to all occupants and rental applicants. For example, you can’t refuse to rent to one family because they have children or demand that a tenant with a baby on the way move to a larger unit.
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12 Comments on "Potential Pitfalls of Occupancy Limits in Rental Properties"
Using the HUD standards listed above, this hypothetical 4 bedroom home could house 8 persons. In regards to the hypothetical gaggle of pets that you mentioned above … this could have been avoided by putting in a pet limit and weight limit ahead of time.
It is in the lease contract, which people break constantly.
Children of certain age & opposite sex must be in separate bedrooms, & not sleeping with their parent, what I was told at apartments, last week.
Don’t make it a family thing. 2 people per bedroom. Period. Don’t say anything about age or gender.
Can you limit one person for a small studio apt?
However, what about tenant(s) renting 3 bdrm, claiming he/she have only have 2 children, opposite sex & then 2 wks after movein, additional adult & kids move in, and additional adults (18+), but fail notify landlord that additional adults are apparently living there, more than 10/20 days allowed on contract, doesnt landlord have right to evict them? This is happening all over ( multiple families living in same home with several adults not on contract) – schools are having issues with multiple families living IN SINGLE FAMILY DWELLING.
It is crazy that a property owner cannot place a 4 person limit for a 1500 square foot 3 / 2 home wjthout potentially running afoul with HUD housing laws. Could a property owner price in wear and tear by charging one price for 4 persons and a higher price for 5 persons and then another price still for 6 persons?
If the property happens to be on a septic system and not city sewer, a high occupant count poses a strain on the septic system as well as the number of bathrooms.