Can I set a max # of adults living in house

[Felicia W.]

I've placed ads for a small house for rent. I've had a few people say it was the husband and wife, child and mother in law or a mom with adult children. This is a small house - 3 bedrooms but really small and I do not think it is suitable for 3 adults.

Is it discrimination of any sort if I say no more than 2 adults and 2 children?

[Matt Devincenzo]

No still can't do it... kind of. Homes do have occupancy limits usually 2 per bedroom +1 so for a 3 bed home that would be 7 people total. So the limit is there but you can not modify it and make your own occupancy limit since that indirectly discriminates against families.

You think what you are saying is not based on family status, but according to the federal protected class it is. I understand you're not attempting to discriminate but here is the way it is viewed: "you won't rent to a big family because you don't like that they have too many kids"

Again your options are to go with local occupancy limits, if that is not more than 2 or 3 unrelated people and 2 per bedroom+ 1 that is a total of 7. So you can say no more than 7 people or 2 unrelated people.

P.S. Say it was a 2 bed unit and a family of 4 wanted to move in with 1 boy and 1 girl child, you cannot say no based upon the kids having to share a room, again that is under the familial status umbrella and up to the parents how they will deal with the sleeping arrangements.