Every landlord and leasing agent should know about occupancy standards. It will serve as one of the guidelines in determining property capacity. One of the goals of a landlord is providing tenants with a habitable home. It isn’t only about giving them the house with the best features. It’s about their comfort too. For example, a property has only two bedrooms. Realistically, ten people will not fit into those two rooms.
Occupancy standards are a set of rules to determine the number of occupants in a single property. It not only takes into account the number of bedrooms but also the area size. These standards can pose a problem for tenants with children. It is common among the rental community to follow the “two per bedroom” rule under the Keating memo. You can see why this can become a predicament for couples with children.
The Law
The main concern for this rule is the possibility of discrimination accusations. As the Fair Housing Act states, no landlord must reject an applicant based on their familial status. It means tenants with children below 18 years old. The FHA also protects tenants who have legal custody for any minor, including those in the process of adoption.
However, there is an exception to the rule. A landlord, for example, with a property for housing seniors may not accept tenants with children. The right thing to do is to find a balance. Today, we’ll tackle the things to evaluate to coincide with the occupancy standards.
• Check the present standards
Before making any changes, the landlord or leasing agent must check the current status of the property. As mentioned, another factor that can affect the occupancy standards is the area size. They should check if the room is big enough to accommodate more than two persons.
The sooner this is done, the lower the chances of receiving discrimination complaints. While the assessment is ongoing, the landlord can apply the “2+1” standard. For example, three people can occupy a one-bedroom property. Five people can now reside in a two-bedroom unit. Adopting this rule can help avoid discrimination complaints.
• Review the state and local codes
The best way to avoid any complaints is to adhere to the law. The landlord and agent can check the state and local codes about a property’s capacity. It may differ from state to state, so it is essential to identify which ones apply to your area.
It is crucial not to miss this step because it will serve as the landlord’s guidelines. The tenants may complain less if they know the landlord followed the state codes. You and the landlord can also consult a lawyer who knows more about this than you do.
• Set rules about limiting the number of people, not children
To avoid accusations, the landlord can set a limit on the number of people and not children. Specifying a limit on children will not sit well with the tenants. It is a clear indication of discriminating against families.
The landlord must remember to avoid using discriminatory statements. He should also refrain from discouraging tenants from renting a property. Marketing the unit as “for adults only” is a big no-no. So when you post the property listing at Padleads, and you syndicate it to others, you should not put statements like that. It goes against the rules, and it might drive away potential tenants.
• Evaluate the property’s physical limitations
Assessing the property’s capacity can help justify if the landlord wants to limit the occupancy. According to the Keating memo, the HUD can investigate other limiting factors such as the capacity of the sewer and septic system. With these, bedroom and unit size can help determine if the occupancy standards are reasonable.
• Documenting the reasons for setting policies
These efforts will aid in preventing misunderstandings regarding discrimination. Of course, it also helps to have proper and complete documentation of the occupancy standards evaluation. It will show people that the landlord has a legitimate reason to limit the number of tenants in his property.
He can review the unit’s floor plan, taking into consideration the bedroom sizes and unit configuration. If they realize that it is physically impossible to have several tenants in one dwelling, they won’t think of it as discrimination.
The landlord should always keep in mind that the Fair Housing Act prohibits discrimination. Every person has the right to rent a property if they are able. However, there is also a need to follow laws and standards. He only needs to find the perfect balance.