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  1. #1
    masslandlord is offline Junior Member
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    Question Limiting Number of Occupants in a Unit?

    What is the name of your state (only U.S. law)? Massachusetts


    Hello:

    I am currently renting out a 1600 sq. foot, 3 bedroom apartment in Massachusetts. I am curious: Am I allowed to limit the number of (adult) occupants in a unit?

    I do not want to discriminate against anyone, but for example, I have a group of seven adults who wish to apply for tenancy. I am not comfortable with this for several reasons, including the possibility of increased wear and tear on the apartment and because there is only one off-street space, and very limited on-street parking available.

    I know that I am in no way allowed to discriminate against families and children, but if I limit the number of adult occupants, would this be considered discriminatory under Massachusetts law, or is it reasonable for a landlord to do so? I would just like to know my rights on the matter.

    Thanks for any help/advice.
  2. #2
    BL
    BL is offline Senior Member
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    Quote Originally Posted by masslandlord View Post
    What is the name of your state (only U.S. law)? Massachusetts


    Hello:

    I am currently renting out a 1600 sq. foot, 3 bedroom apartment in Massachusetts. I am curious: Am I allowed to limit the number of (adult) occupants in a unit?

    I do not want to discriminate against anyone, but for example, I have a group of seven adults who wish to apply for tenancy. I am not comfortable with this for several reasons, including the possibility of increased wear and tear on the apartment and because there is only one off-street space, and very limited on-street parking available.

    I know that I am in no way allowed to discriminate against families and children, but if I limit the number of adult occupants, would this be considered discriminatory under Massachusetts law, or is it reasonable for a landlord to do so? I would just like to know my rights on the matter.

    Thanks for any help/advice.
    Contact code complience office and ask , per your square feet and the rooms involved .
  3. #3
    FarmerJ is offline Senior Member
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    I have to say it would be interesting to know how many of the adults are either coupled but unmarried , BUT simple approach is `sorry we do not have any 4 bedroom units BUT more importantly DOES your town have a ordinance that defines the number of unrelated people living in one unit before a rooming house license is needed by a landlord ? This I believe is the first thing to check out, your towns zoning desk or your county zoning desk should have a answer, in many places there are ords that limit the number of non related people to 3 or 4 in a unit with out rooming house lic. If your town has done this then you have the tool you need to decline them if your not comfortable with that many since you do not have a rooming house license.
  4. #4
    atomizer is offline Senior Member
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    Find a reason to decline their application. You can do so based on all individuals time on the job, criminal and or background report, rental history, or wage earnings. Can you imagine the parking situation and how your neighbors will respond?
  5. #5
    treese is offline Senior Member
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    The first place to look would be your city or town's housing codes and ordinances.

    Here is an example, using my city's ordinances:

    In my area, the requirement is 1 family plus 2 occupants unrelated to the family, unless a permit for a rooming house has been granted by the appropriate authority.
    Due to this, I am limited to no more than 3 unrelated people in a rental.

    Otherwise, atomizer hit the nail on the head. With so many applicants, there has to be at least one with some sort of issue which can be used to deny all of the applicants.
    Last edited by treese; 03-08-2010 at 09:32 AM.

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