Is it ok to charge an additional amount for extra related adults?

Question

Hello...can anyone please share if they know if it is kosher to tell a potential applicant (before they have provided us with the completed application) that our lease will require an additional monthly charge to have an extra related adult (nephew in our case) living in the property with the main family members and their minor children?  I have 5 bedroom SFR in Jacksonville, Florida listed for rent and was contacted by a potential applicant that wants to apply to move 9 people into the place. 4 adults (Husband, wife, mother of wife, and nephew) and 5 children. I have the property listed for rent at $1225/month. Would I be in any violation for requiring an additional monthly charge for the adult that is not immediate family (the nephew) and require larger deposit (refundable of course) than originally advertised on Craigslist due to the large number of people that would be living there? Gracias!

Mark Fries · Answer

@Jason Daubenmire

9 people = house destroyed

Eric H. · Answer

@Jason Daubenmire Greetings and Welcome to BP!

Although you are adding rent/deposit for the adult (as opposed to a child), you are toeing the line of violating Fair Housing Laws that identifies 'familial status' as a protected class. I personally wouldn't do it.

I wish you the best!

Joe Splitrock · Answer

@Jason Daubenmire in my experience wear on a property is worst with adults, then children, then pets. It is not even their fault, it is just a lot of people. You have 9 people using the toilet, opening and closing doors and just putting wear on everything. So it is like three times as much wear as a three person family. When you rent a 5 bedroom house, this is what you are going to find.

Your interpretation of Fair Housing is incorrect. Family includes sisters and brothers, mothers and fathers and even extends to nephews. Sorry.

Here is what you can do. Require all adults to apply and submit to credit check. Between those four adults there is good chance you will find problems and reason to deny. If not, then rent to them because they are qualified.

Sam Leon · Answer

I don't know whether you can charge extra because that nephew is not "immediate family".  That does sound like potentially a familiar status issue.

Put it this way, if the four adults are all brothers and sisters you wouldn't have a problem with this 4+5 arrangement?  On the flip side, if it's 3 adults and six kids where one of the three is a nephew you have no issue with that either?

I would approach the problem based on too many occupants or too many vehicles and not bring one of them being a nephew into the picture.

i know my attorney has advised me in the past that for a two bedroom house I could not prefer to rent to one couple (husband + wife) over two unrelated roommates.

In LA a few years back a landlord was ruled that he violated fair housing because he refused to rent to someone who didn't speak any English.  But the judge said language and ethnic origin are connected so he lost.  I don't think you want to be test cases.

Maya Roberts · Answer

I like @Joe Splitrock suggest.  9 people is a lot of potential damages to your property.

Or, work out a longer term lease so you can minimize any time between tenants while you repair the property.

Rob B. · Answer

That's a lot of people living in the property and I'm not sure about local ordinances or what your local laws dictate, but I can say that this is one of those instances that you have to ask yourself whether or not you want to take that type of risk with your property. Additionally, whatever you do, don't violate FHA law.

Eric H. · Answer

@Jason Daubenmire,

How likely would I be to run into issues with HUD or civilly either way?

If the prospective tenant feels he or she was discriminated because of familial status, regardless of what your explanation is, and decides to pursue litigation, you have a problem.

It's a problem that I would avoid.

Let us know how you make out.

Caleb Heimsoth · Answer

@Jason Daubenmire unfortunately with a 5 bedroom house you’re going to get a lot of stuff like this.  Personally I’d charge a higher deposit and higher rent if you can.  That’s a lot of people

Bill B. · Answer

If you’re getting other applicants that are better suited, go with them instead. If you aren’t getting other/better applicants then these tenants are already paying over market rent, get them in and paying rent.

Jason Daubenmire · Answer

@Cameron Tope @Sam Leon Local occupancy laws allow for the standard 2 people per room plus one...so there is no issue with a family of 9 people living in the 5 bedroom property. That is why the thought to limit total non-immediate adult family members to curb wear and tear unless an additional amount is written into the lease for the extra person each month. Number of cars hasn't been brought up, but the property has a private driveway and carport for 2 cars...so not really an issue there either.

Specific question comes down to: since a 26 year old nephew is considered "extended family", is it considered discrimination to charge more for this extra adult under Fair Housing Laws?

Is it ok to charge an additional amount for extra related adults?

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