Setting occupancy policies isn’t a simple business decision to make on a whim – they have the potential to create liability.
Perhaps you’ve heard that it's okay to limit occupancy to two persons per bedroom?
That's not always true! There are several things to watch out for when setting your own occupancy standards.
You should know that:
-Simplistic occupancy policies that limit the number of people to two per bedroom may violate fair housing laws.
-Restricting the number of children is patently illegal under the federal Fair Housing Act (FHA).
The Dept. of Housing and Urban Development (HUD) and other fair housing enforcement agencies review a number of factors to determine whether an occupancy standard is overly restrictive. You should know what they are!
There is a growing body of case law across the country in which housing providers with simplistic occupancy policies are losing disparate impact cases. These cases are brought on the basis of multiple protected classes including:
Under the FHA, housing providers can set reasonable occupancy standards that are based on business needs; however, the adverse effect of these standards on various protected classes requires that the housing provider justify the use of such standards. Each situation presents a unique set of facts.
Join this webinar to learn what you need to know and do to avoid fair housing hot water!
This session will provide the information and resource materials to:
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