The best rule to follow when revising or creating your own occupancy policy is that of balance. Using the term balance as your foundation can be a little confusing, so let’s break it down. BALANCING OCCUPANCY POLICIES: GUIDELINES, LEGALITIES, AND FAIR HOUSING
A Balanced Policy:
First off, you need to decide upon clear guidelines without creating too much restriction. Top priority must be given to any local laws or any municipal code your property is governed under. Ensure your policy meets their minimum requirements for residents per unit or individuals per room. There is an important note to remember when it comes to details for your residents within the policy. You need to ensure that you do not mention specifics, such as age and gender, in order to avoid a fair housing violation. Sex is a protected category and in many states, age is a protected class. What NOT to do: A recent example of a property forgetting these details resulted in a fair housing discrimination case. An apartment complex in Louisiana had a policy in place stating that two children of the opposite sex could not share a
The second step is to take a look at your units and your property as a whole. What can the size and layout of the unit accommodate? Another great tip when revising or creating a policy is resident details. This may include details such as whether a unit is occupied by all adults or if there are children residing there as well. room. Leasing agents falsely claimed that the property’s policy was based on state law when, in fact, they were discriminating against both age and sex, inciting a fair housing violation.
SEX IS A PROTECTED CATEGORY AND IN MANY STATES, AGE IS A PROTECTED CLASS.
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