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Updated 9 months ago on . Most recent reply

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David Judge
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Single occupancy as a requirement?

David Judge
Posted

Is it possible to list a rental for single occupancy only? Or does that violate fair housing laws? I've seen limits of 2 people per bedroom, so I imagine I could limit it to one person per bedroom? Thanks for the advice! 


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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @David Judge:

Is it possible to list a rental for single occupancy only? Or does that violate fair housing laws? I've seen limits of 2 people per bedroom, so I imagine I could limit it to one person per bedroom? Thanks for the advice! 
 



The Keating Memo from HUD recommends two people per bedroom, plus one. So a three bedroom home could safely house seven people. You can read it for yourself:

https://www.hud.gov/sites/documents/DOC_7780.PDF

 However, there are variables to consider. For example, I remember when Celine Dion bought a "modest three-bedroom home" in Vegas that was over 3,000 feet. The average size of a three-bedroom is 1,200 feet. Her home could safely fit more than seven people whereas a 1,200 ft home would feel very crowded.

You should also consider issues like room size. A 12 x 15 bedroom can easily fit four kids in bunk beds or two teens/adults, whereas a 10 x 8 room would be really tight. What if you have an office that could convert to sleeping space? 

Then there are the systems. I manage an old two-bedroom cabin built in 1905. HUD guidance says it could fit five people, but the septic system is old and struggles to keep up with two people, especially after a heavy rain. Because of bedroom sizes and the septic system's limitations, we limit it to two total.

You are not automatically violating Fair Housing by limiting (or increasing) occupancy standards. Make sure your standard is justified, then applied fairly to all applicants, and you should be fine.

  • Nathan Gesner
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