Limit to single occupancy via lease by bed arrangement

[Jesse Roberts]

We just bought a SFH in a college town. There are apartment complexes that lease by the bed and, in the lease, limit occupancy to a single bed in some of their bedrooms. Our home has three bedrooms and we'd like to have a similar arrangement to limit wear and tear. But from what I've read so far, this seems to go against the fair housing act and discriminates against familial status.

Are the laws different for apartment complexes? Or does leasing by the bed let you sidestep this issue? Thanks!

[Nathan Gesner]

You are (generally) allowed to establish occupancy limits but they must be reasonable and justifiable. Do a search for "HUD Keating Memo" or "HUD occupancy limits" and you should find plenty of information.

However, my recommendation is for you to contact an attorney. There's nothing in the Keating memo that would enable you to limit occupancy to one individual although you may be able to charge $XXXX for single occupancy and then an increase for any additional occupant with a limit of two per bedroom. An attorney can help you navigate your local and state laws and keep you out of hot water.