Occupancy limit policies are crucial for managing apartments, whether located in a densely populated city or a quiet suburb. However, developing and revising these policies can be complex. Not only do you need to be aware of fair housing laws, but also know local laws and municipal ordinances on occupancy limits. HOW TO LEGALLY SET A LIMIT ON THE NUMBER OF OCCUPANTS IN A RENTAL How could you hope to balance it all? Better yet, balance it all while trying to avoid that fair housing violation? This in-depth look into not only building your policy but also enforcing it can help you achieve that balance. First, let’s take a look at how occupancy limit policies differ depending on the type of housing. Starting with federally funded housing, occupancy policies are already predetermined. You can review the Keating Memo from HUD, which further explains the two person per room rule for this type of housing. However, this rule does not apply to housing such as private market or tax credit. In all actuality, this rule has been labeled by HUD as possibly discriminatory based on familial status. Because of this, other forms of housing face the challenge of having to create their own occupancy policy and having to undergo constant revision. NAVIGATING OCCUPANCY POLICIES: FEDERAL GUIDELINES VS. PRIVATE SECTOR
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