Denying Children

[Account Closed]

I had to share this conversation I just had with an applicant.

She called me to say she is interested in a house I have for rent. But, she also just talked to a real estate office here in town that also does property management. They told her that they will approve her application, but the owner of the property wasn't sure if he wanted her two kids in his property. He had to think about it and let her know.

I was shocked that a real estate office would be so stupid as to tell someone that.

I was honest with her and told her that this is a violation of the Fair Housing Act and I was happy to have her family move into my rental. :)

I could see an individual homeowner making that mistake, but a licensed real estate firm? They should have told her that the owner was looking over her application, not that he might not allow kids in his property. Stupid things people say!

[Jason Quick]

You should know that a rule of general applicability limiting the number of occupants per room has been deemed by HUD to be generally reasonable. Their interpretation is specifically discussed in a memo named the Keating Memo. HOWEVER, in the memo HUD goes on to say that the presumption of reasonableness is rebuttable and they will consider the following factors:

1. Size of the bedroom and unit 2. Age of the children 3. Configuration of the unit 4. Other physical limitations of housing (i.e. capacity of the septic, sewer, or other building systems) 5. State and local law 6. Other relevant factors, such as 7. if the landlord has made discriminatory statements 8. if the landlord has taken steps to discourage families with children from living in its housing 9. if the landlord has enforced its occupancy policies only against families with children

I am writing this because a lot of landlords wrongly believe they can just institute a 2-person per bedroom policy and be fine, but that is not the case. There is no bright line rule unfortunately. As always, this is just general information, not legal advice for any particular situation.