Re: Charge Extra For Extra Occupants? - Landlord Forum thread 353278

Re: Charge Extra For Extra Occupants? by Garry (Iowa) on July 16, 2017 @22:02

HUD guidelines, and many city/county,or state guidelines usually state a 2 persons per bedroom number. So your 3 bedroom place can have 6 people in it. YOU may think you should have only 4 people there, but our societies laws say differently. If you had a family apply that had 2 parents and 4 children, and you turned them down JUST BECAUSE that was 2 people too many, YOU would find yourself in court, shelling out thousands of dollars for attorney fees and fines. Your reasons for only wanting 4 people probably would not hold up in any court in the USA. However, if a couple of adults want to come in AFTER you rented to a family, you can ask them for an application, and deny them for some OTHER REASON, BASED ON THE INFO FROM THEIR APP., not from the items you have just mentioned.

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Re: Charge Extra For Extra Occupants. Not Denying by Anonymous on July 16, 2017 @22:49	[ Reply ]

Hello G, no, I am not turning them down. I am not denying anyone! Where did you get that idea? I did not say that at all. This is not about denying tenants. Please do not confuse the issue. I simply wanted to know if it was legal to CHARGE more rent per month for more than a normal number of people. I am well aware of the discrimination laws, but I have not seen it mention prohibiting extra rent. If the tenants do not want to pay extra that's not my decision. It would be applied the same way if there were no children or 4 children. By the way I thought HUD says 2 people per bedroom plus one = 7 tenants in a 3/2/2.

Re: Charge Extra For Extra Occupants. Not Denying by Anonymous on July 17, 2017 @00:10	[ Reply ]

From HUD articles; Charging rent on a per-person basis may constitute discrimination on the basis of familial status. Under the Fair Housing laws, if a landlord establishes a rule or policy that has the effect of discriminating against a protected category of people, even if the rule or policy does not expressly discriminate against anyone, the policy or action can still be unlawful. (Disparate impact) Landlords should have standard rental rates, based on the characteristics of the rental property, not the people living there. Charging different rental rates or security deposit amounts based on someone’s race, color, religion, national origin, sex, familial status or disability is illegal housing discrimination. This includes charging per person (because of the discriminatory impact on families with children) and charging extra fees for people with disabilities. Texas Property Law allows three persons per bedroom. Remember, you do not have to discriminate to be charge, but just the appearance that discrimination could occur violates the Fair Housing Act.

Re: Charge Extra For Extra Occupants. Not Denying by Garry (Iowa) on July 17, 2017 @00:16	[ Reply ]

You were using the word "occupants", where I was more specific. Yes, you could charge more if you approved of other adult "occupants" who came in later, after you rented to a family of 4. But if a family of 2 parents with 4 minor children applied, and their info on their app met all your criteria, you could not turn them down for the reason you suggested, or for having 6 people instead of 4. You just mentioned a "normal number of people" when speaking about your 3 bedroom home. You are using "4" people as your "normal number of people. That is wrong. HUD, and many cities across the country say the "normal number of people" for a 3 bedroom home is 6. (and, yes, 7 if there is a child age 2 or under, that can sleep in a parents bedroom.) A lot depends on the family makeup, age, and relationships of everyone involved. Don't ever try to limit occupancies for the reasons you stated( excess usage and wear and tear), as a judge will never accept those reasons.

Re: Charge Extra For Extra Occupants. Not Denying by Anonymous on July 17, 2017 @11:28	[ Reply ]

youve gotten good advise here

Check with your city/ county by Anonymous on July 20, 2017 @04:37	[ Reply ]

Back in the '80's, the city of Downey had a housing code allowing 1 person in a studio, 2 people in a 1BR and only 3 people in a 2BR. It had something to do with the infrastructure, schools and population density.