When it comes to occupancy limits, it is good to follow the HUD regulations. But what, exactly, are those guidelines? Contrary to myth and rumor, the guidelines do not say “two heartbeats per bedroom”. Instead, HUD recommends basing an occupancy limit on the number and size of sleeping areas or bedrooms and the overall size of the dwelling unit.
Consider two situations where landlords refused to rent a two-bedroom unit to a family of five, based on a “two people per bedroom” policy. The first family was attempting to rent a unit with two large bedrooms and spacious living areas. The second family was attempting to rent a small unit with two small bedrooms. HUD says the first family likely has a claim for discrimination, while the second does not.
The bottom line? There is no clear cut rule. Your occupancy limits should be reasonable. They should be based on size of the unit (how many square feet?) and the number of sleeping areas (i.e., people can use a den for a bedroom).
Lastly, your occupancy limit should refer to the number of people in the unit, not the number of children in the unit.
Reprinted with the permission of the Law Offices of Heist, Weisse, Davis & Wolk
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