question on screening applicants

[landlord51]

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


Hi,

My question is concerning if it’s at all illegal to turn away applicants asking to squeeze say 3 or 4 adults into my 1 bedrooms based on the size of the apartment? Ideally the unit fits about 1-2 adults plus a child or 1 adult and 2 children, but I don’t know if I can legally turn people away because I have this kind of preference? Basically, it’s the amount of adults I have a problem with, not the amount of children. I always tell people my decision is based on financial eligibility (it is) but number of occupants is also really important in my decision. Want to know if I'm within the legal parameters in screening applicants for this and if I'm crossing the line if I tell them that they've been declined because there's too many of them (adults, that is).

I appreciate in advance your legally-informed or (better yet) experienced advice.

Thanks,
Landlord51 – from PA

 

[sandyclaus]

I personally think that this is acceptable.

More occupants mean more wear and tear on the property, plus there is the overcrowding factor to consider.

Plus, there are the occupancy regulations to consider. Some local ordinances provide for a specific occupancy limit on a dwelling. You most often see this with Section 8 housing regulations when deciding how to allocate the bedroom count for a specific family size. I think that the general rule is no more than two adults per bedroom, but you would have to look into that to be certain.

And, of course, there is the financial concern. When you have more people asking to move in to a smaller space, that usually translates to red flags on their overall income and ability to afford even the smaller rental unit.

 

[landlord51]

thank, sandy...do you know what source I could look for a regulation like that - maybe besides section 8 (these applicants would not be section 8 although that agency might have it written down somewhere...) or fire marshal or landlord tenant state laws? Any ideas? I'd just like to reference something concrete (with applicants) but I'm not sure of a good source. thanks.

Honestly - I'm declining certain people ultimately for their financial record but I also want to tell them that there are too many adults - sometimes I get bullying and threatening calls if I don't offer them the apt so I really have to be careful of what and how I say things. thanks again.

 

[landlord51]

Also - if there's a law against too many people per bedroom then I don't even want to take their application fee and I can tell them NOT to apply.

 

[DeenaCA]

The federal guidance on occupancy standards can be reviewed at http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_7780.pdf. A limit of two persons per bedroom will generally be considered reasonable.

As a housing provider, you can reasonably limit the total number of occupants. However, the limits may not be based on the number of children vs. adults. For example, a policy allowing up to 4 occupants but no more than 2 children would violate the Fair Housing Act.

For a 1-BR unit, you could safely limit occupancy to no more than 2 persons. Don't specify "X adults and X children", just say "no more than X occupants".

 

[landlord51]

I get it - exactly the type of source I was looking for. Thanks for this advice, Deena, and thanks for the link. I thought there was something in Fair Housing about children but I wasn't sure about it. thanks, again.

 

[applecruncher]

Of course, I’m sure you know some tenants can get really sneaky as soon as they get a key and move in. Regardless of # of actual bedrooms, they let several people move in and sleep on the floor. If questioned, they lie and say it’s relatives/friends/guests just staying for a few days.

 

[Searchertwin]

Of course, I’m sure you know some tenants can get really sneaky as soon as they get a key and move in. Regardless of # of actual bedrooms, they let several people move in and sleep on the floor. If questioned, they lie and say it’s relatives/friends/guests just staying for a few days.

Or, which I have encountered, they are the babysitters. They work all different hours. Good try on their part, but it didn't work on this end. And guess who won?

 

[landlord51]

Well there's that which is a whole separate issue. But if I learn there are unauthorized occupants then that's grounds for eviction. Not difficult to prove to a judge either. But I worry about what might be considered illegal discrimination regarding occupancy. The pdf of Fair Housing that was provided looks as though there's no problem with the amount of individuals I allow - I just can't discern children v. adults if I'm understanding this.

 

[HatRack]

It's 2 people plus 1 person per bedroom. So 3 people per bedroom. Never refer to Children, Adults, age or run the risk of being tagged with a discrimination charge.