Could our occupancy limit be considered discrimination?

8 Replies

Texas code Sec. 92.010 says:  the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling.  So that would be 9 adults for a 3 bedroom unit.  If I were to only allow 2 occupants per bedroom, that isn't violating any Fair Housing Laws, is it?  

Also, what if I wanted to say of the 6 occupants, only 2 could be adults, so let's say 2 parents and 4 kids?  Would that get me in trouble for discrimination?

It says "can allow" not "must allow". 

Landlords are allowed to set their own occupancy limits. The city/state limits are the maximum you're allowed to have in a home. I usually hear it described as "two adults and one child per bedroom."

Yes, if it was obvious those occupancy limits were designed to discriminate against a protected class, and you/your property was subject to fair housing laws. It would be unlikely that you could get dinged discriminating against adults by occupancy limits, as a bunch of unrelated people are not a protected class (the way family status is with regards to housing). 

But he could discriminate against people with a ton of kids.

Just say occupancy , don't specify anything more than that and count each occupant equally, whether it be a child or adult. I'm not a lawyer though,,, but that seems reasonable

I would call the FHA office for your county/City. they love to answer questions rather than deal with complaints. I'm a realtor and investor and our country guy comes to the realtor association once a quarter and practically begs us to ask first. it's worth a thought.
*county guy on my phone 🙄

@Andy Bondhus You need to set a standard for ALL your properties and then apply it consistently every time. Then its not discrimination. If you decide to apply the requirement as a one off OR different requirements for different properties OR worst, different requirements to different applicants for the same property, then you are asking for trouble.

Upen Patel, Lender in (#National Lender NMLS 1374243)
(571) 331-5161

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