Can I advertise my rental for a single person?

Question

I have a small sf home for rent which is only 500 square feet.

When prospective tenants call me and ask questions, I tell them the place is very small, only one closet for storage, really just big enough for a single person.

I have had a couple people say "so you won't rent to families?

I then tell them "There is not enough room for a family. "

I have had a couple people making comments that this is illegal.

Thanks for anyone's advice!

Joe Splitrock · Answer

This is not correct. Fair Housing Act is Federal law. There are exemptions to Fair Housing in these situations:

1. You owner occupy a property with four or less units. In other words owner occupy and single family, duplex, triplex or fourplex. You would be exempt on the other units. You have to live in the property and it is units, not properties.

2. Single family house rented without a broker, as long as you own 3 or less single family homes. If you use a property manager or leasing agent, that is leasing with a broker. The 3 or less single family home rule includes your personal residence. If you are leasing properties for other people, you must follow FHA no matter how many properties they own.

Actual text from Federal Fair Housing - look at exemptions b. It is federal so your state can't override this:

https://www.law.cornell.edu/us...

Joe Splitrock · Answer

They are correct, it is illegal. This is considered steering, meaning you are steering families away from your property. It is discrimination based on familial status. You can potentially let someone know there are occupancy limits, but make sure those limits line up with your local laws. Usually the rule of thumb on occupancy is 2 per bedroom plus 1, so three people in a one bedroom house. The plus one is sleeping on the couch or could be a baby in the parents bedroom in a bassinet. You can tell someone the size, but don't draw any conclusions beyond that. There are fair housing testers that call to look for violations, so it is a good idea to not steer people. Generally speaking a family will not want to live in a small house, so let them conclude it on their own.

Julie Hartman · Answer

I appreciate the clarification on this! Something I love about this business is that there is a constant opportunity to learn and grow.

Robert Kohnfelder · Answer

Don't quote me, but I'm fairly confident on a basic lease agreement template (for the state of PA at least) you can actually list the number of occupants allowed in the property. For instance, I rent out a 1 BR + 1 BA unit with "1 tenant occupancy" for the same reasons you mentioned. However, with a SFH and potentially a different state, I'm not sure of your options. I don't know how smart it would be to write in the listing "rental for single person", I would likely just use the applicants' information to make my decision when the time comes. But again, legally, I'm not sure how to answer your question without knowing your local/state laws.

Theresa Harris · Answer

They are correct, however, there is nothing to stop you from showing them the place and then selecting the applicant that you think is best.  You can state in the ad that it is only 500 sq feet and use other words that suggest it isn't ideal for a family (though the 50 sqft should be a big clue).  As others said tell them the info and once you find someone who you think would work best, rent it to them.  You don't have to say why, and if someone ask say they were the most suitable applicant and leave it at that.

JD Martin · Answer

The people making comments are correct. What you are doing is against the law.

JD Martin · Answer

If you are renting out a house/apartment where you do not live, then fair housing laws apply to you and you cannot discriminate based on family size. If you are renting out a room in your house, or if you have a duplex/triplex/quadplex in which you live in one of the units, then you have more leeway.

Tony H. · Answer

In one of the cities I own property there is an occupancy law.  Bedroom size 70-99 sqft- 1 person can stay in here.  BR- 100-149 sq ft- 2 people in the room.  BR- 150-199- 3 people in the room.  200-249 sq ft- 4 people.  I use this criteria for every home I have no matter where it is.  I find it hard to believe that the law says you have to let 9 people live in your house if it is 500 sq ft. That is not safe.

Corey Hawkinson · Answer

@Carmel Duffy There is a lot of good advice above. You will need to check on the local laws though. For example, a few people above said to take the applications and select someone else. That’s good advice for their area. However, in certain cities around me that would be deemed illegal discrimination. If I owned in those cities, I would be required to accept the first applicant that meets my criteria.

Colleen F. · Answer

Also if you set an occupancy limit you must consistently apply that limit.  You can also limit number of vehicles if warranted and that may eliminate some people.  I do this for parking reasons but it does cut calls.

Can I advertise my rental for a single person?

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