Re: Maximun number of adults - Landlord Forum thread 337697

Re: Maximun number of adults by MrDan (Georgia) on July 28, 2015 @14:28

Here are somethings to be aware of;

Under California Statues, a landlord can require each person in the household to meet the minimum income requirement separately only if he or she would make a husband and wife who applied each meet the income requirement separately.

If a landlord requires a married couple to earn a combined three times the rent, then the landlord must apply this policy equally to a group of roommates. That is, roommates may only be required to earn a combined three times the rent.

Marital Status is protected under California law.

The Fair Housing Act exempts reasonable occupancy restrictions regarding the maximum number of occupants permitted to occupy a dwelling if “applied to all occupants” and do not distinguish between related and unrelated persons.

The California Supreme Court in 'City of Santa Barbara v. Adamson' struck down municipal ordinances that permitted any number of related people to live in a house in a Residential Zone but limited the number of unrelated people who were allowed to do so to five. Some municipalities have restrictions that limited occupancy to persons related by blood, adoption or marriage. Such restrictions are no longer enforceable. (City of Chula Vista v. Pagard (1981) 115 Cal.App.3d 785.) The occupancy rules in Section 503(b) preempt any local legislation to establish occupancy standards. Briseno v. City of Santa Ana 6 C.A.4th 1378 (1992).

A number of jurisdictions limit the number of occupants per unit based on a minimum number of square feet in the unit or in the sleeping areas of the unit. Reasonable limitations by governments are allowed, as long as they were applied to all occupants.

Security deposits are limited to two months rent by State Law.

By following your local or state occupancy guidelines, you may find that you are restricted to allowing only so many occupants. (Example, state law limits a bedroom to two persons for minimum of 120 square feet and each additional person requiring another 50 square feet) A large room (14 ft x 16 ft) could theoretically allow more than three persons.

Local Municipal codes may place a limit on parking by limiting the number of vehicles and conditions of parking.

A three bedroom one bath might be restricted to less than six persons by Municipal code for example

It's not what you feel that counts, but what the law dictates is reasonable. Your solution lies in your local housing ordinances as long as they do not violate state law.

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Re: Maximun number of adults by Tom (CA) on July 28, 2015 @15:13	[ Reply ]

Thank you Dan