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Q: I had a potential renter contact me about a large family moving into my two bedroom home, can I deny their approval for over occupancy?
A: It depends; The Department of Housing and Urban Development (HUD) has issued guidelines regarding occupancy standards that may violate fair housing laws because they adversely impact families with children. In most cases, occupancy standards should allow at least two persons per bedroom, regardless of the age, gender or relationship of the persons living in the unit. In CA, the Department of Fair Employment and Housing views “two persons per bedroom plus one” as a guideline for occupancy standards. A more restrictive policy may be found to be discriminatory.
Though landlords may not use occupancy standards to discriminate against families with children, some cities have established occupancy guidelines.
Read more: http://www.hrfh.org/housing_discrimination.html