Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Russell John Walsh

Russell John Walsh has started 11 posts and replied 40 times.

I meant to say Kenneth in that post above, sorry about that! I have been working with a man named Keith lately.

I saw an add like that on Craigslist yesterday, Theresa. That two bedroom is  right across the valley from my location. It said. "Prefer single person or a couple". That just seems so counter to all this terror about Fair Housing.

I don't put a garbage disposal and would in fact remove them. They are prone to causing leaks under the sink that the tenant easily might not notice. Also, I like to make sure the plumbing is in great shape and  clear the drains myself if it comes to that. A plumber I don't know or trust can do more damage than good. Just my way, but I used to carry  a general contractors license and worked in construction many years.  

Originally posted by @Andrew B.:
Originally posted by @Russell John Walsh:

Thank you Keith and Nathan,

I now recall having seen the numbers Keith posted and those related to my city too. It's good to have this sounding board.

I think it's safe to conclude,  two adults if no children, two adults and one child, or one adult and two children.I also think it's possible that the "plus" one idea that Mary Mitchell posted could come into play. That could possibly mean 3 adults too. 

 In any case, these situations are o.k. for a group that would meet my pretty high screening criteria. Three adults, if they were to apply would probably not all pass. I did have a three adult group inquire. They requested my tenant criteria  and I never heard from them again.   If there were  tiny baby in the mix , I seem to recall there could be protections for the baby not to count as an occupant?  That could possibly push it to four with young families. These family units do come to the property because the pricing of the unit in question is the same as an apartment. That's actually fine, if they were together enough to pass screening , but I think that would be very rare. I think a lot of these home seekers are learning that low priced apartments are often easier to qualify for vs a house in a really nice area.( my price is low because it's in a somewhat remote exurban/ ranch style location, long commutes for most). 

All that said, anyone, please chime in if the "plus one" doesn't apply or, if by any chance, I am  still too high or too low with these occupant numbers. 


That is absolutely, not ok, in any circumstance. Specifying a difference between adults and children is a one way ticket to an FHA violation. Your policy should only state "humans" i.e. "Policy states two humans per bedroom, plus one extra."

Well, I appreciate the alarm on my word choice,  but it seems we already cleared up that one hundred square feet bedrooms do not entitle two adults, or even two humans of any kind?.

Thanks for the replies,

I searched various websites  again last night and found that about half the states mimic the federal fair housing guidelines which are pretty near what James Wise posted. California however, is much more restrictive and only allows "Mrs. Murphy Law" which I found this type of exemption  guideline to be called, only applies to lodgers. That would be   an owner renting out rooms in a house in which they reside. 

Thank you Keith and Nathan,

I now recall having seen the numbers Keith posted and those related to my city too. It's good to have this sounding board.

I think it's safe to conclude,  two adults if no children, two adults and one child, or one adult and two children.I also think it's possible that the "plus" one idea that Mary Mitchell posted could come into play. That could possibly mean 3 adults too. 

 In any case, these situations are o.k. for a group that would meet my pretty high screening criteria. Three adults, if they were to apply would probably not all pass. I did have a three adult group inquire. They requested my tenant criteria  and I never heard from them again.   If there were  tiny baby in the mix , I seem to recall there could be protections for the baby not to count as an occupant?  That could possibly push it to four with young families. These family units do come to the property because the pricing of the unit in question is the same as an apartment. That's actually fine, if they were together enough to pass screening , but I think that would be very rare. I think a lot of these home seekers are learning that low priced apartments are often easier to qualify for vs a house in a really nice area.( my price is low because it's in a somewhat remote exurban/ ranch style location, long commutes for most). 

All that said, anyone, please chime in if the "plus one" doesn't apply or, if by any chance, I am  still too high or too low with these occupant numbers. 

I have a two bedroom that is only 675 square feet. The identical  bedrooms are barely 100 sq feet, maybe even a few less than that. 

Is it legal to limit the number of occupants compared to a larger two bedroom? What is the lowest occupancy I can steer my screening to?

Thank you, 

I already looked at federal guidelines before posting this morning and my property type with owner occupancy is possibly exempt.  San Francisco's for example can exceed those  Federal guidelines,  and so can other states,  cities and counties. Honestly, my question is pretty basic about exempt property types, They do exist, duplexes, when mom and pops own few properties and maybe a few others. I am asking about clarity for San Diego. Mine is an owner occupied 2 on 1, so it might. 

Anyway, I already decided I will go to the local fair housing office or an attorney specializing in this.That does not mean informed discussion is not welcome on this thread.

Hello, 

Is an owner occupied 2 on 1 in the County supervised part of San Diego exempt from fair housing? I am not in RE in any way and it is the only property my wife and I own.

Thank you,