Investor · Lockport, NY · Member since 2013 · 28 posts · 2 votes
Hi all,
My wife and I are in the process of selecting a tenant for our duplex house hack.
Is anyone familiar with Federal and NY state law when it comes to owner occupied rentals? For example, are we allowed set our own occupancy limits on the unit?
What other rights do we have that a non owner occupied landlord does not?
I tried searching all over for specific details but couldn't find any... thank you in advance!
Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
7y
FWIW, I'm not familiar with NY state law. But, generally speaking, when you reside in a property that is 4 units or less, you have a LOT of latitude in who you rent to. You don't even have to follow Fair Housing (FHA) laws, though I wouldn't borrow trouble and say that or tell someone they've been rejected for a reason related to a protected class. Not that you would necessarily do that anyway, but I'm just saying.
You also don't have to accept any animals, if you don't want to. Not an Emotional Support Animal (ESA). Not even an animal for a physical disability.
I don't think you could exceed occupancy limits, but I'm assuming you're talking about the opposite. Normally, discriminating against the size of a family (as long as it falls within occupancy limits) is a big no-no, against FHA. But refer back to my first few sentences, lol. I still wouldn't tell someone, "We're not renting to you because you have way too many kids." But, legally, that could be your reason.
The rules are different for owner-occupants because, when it's your personal home, you get to choose who you live next to. Same thing for someone renting a room in their home.