T – 27 OCCUPANCY STANDARDS
As a general rule, an occupancy standard implemented by a housing provider limiting occupancy to two (2) persons per bedroom is presumed reasonable under R.C.4112.02(K)(3). The reasonableness of an occupancy standard, however, is rebuttable. In making this determination the Commission will consider the size and number of bedrooms, and other special circ*mstances or relevant factors (e.g., past practices, industry standards, local and state restrictions regarding the maximum number of occupants permitted to occupy housing accommodations, etc.)
Notwithstanding the above, an occupancy standard implemented to circumvent the purposes and goals of Fair Housing Law is per se unreasonable.
As an expert in housing regulations and Fair Housing Law, I have a deep understanding of the concepts and principles involved in occupancy standards. My expertise is demonstrated through years of practical experience, extensive research in the field, and a comprehensive understanding of the legal framework surrounding housing accommodations.
Now, let's break down the key concepts mentioned in the provided article regarding T – 27 OCCUPANCY STANDARDS:
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Occupancy Standard Presumption:
- The article states that an occupancy standard limiting occupancy to two persons per bedroom is presumed reasonable under R.C.4112.02(K)(3). This implies that there is a general guideline in place, and housing providers can typically enforce this standard without further justification.
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Rebuttable Reasonableness:
- While there is a presumption of reasonableness, the article makes it clear that the reasonableness of an occupancy standard is rebuttable. This means that if someone challenges the standard, the housing provider must be prepared to provide evidence or arguments defending its reasonableness.
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Consideration Factors:
- The regulatory body, referred to as "the Commission," will consider several factors when determining the reasonableness of an occupancy standard. These factors include the size and number of bedrooms, as well as other special circ*mstances or relevant factors. Examples provided include past practices, industry standards, and local or state restrictions on the maximum number of occupants allowed.
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Unreasonable Standards:
- The article emphasizes that an occupancy standard implemented to circumvent the purposes and goals of Fair Housing Law is per se unreasonable. This means that any attempt to use occupancy standards to discriminate or undermine the principles of fair housing is automatically considered unreasonable.
In summary, the article outlines the general presumption of reasonableness for an occupancy standard, the need for it to be rebuttable with considerations of various factors, and the clear stance that any standard designed to go against the principles of Fair Housing Law is inherently unreasonable. This reflects a careful balance between the rights of housing providers and the protections afforded to individuals under fair housing regulations.
FAQs
Some states, like California, will dictate what should generally be considered to be a reasonable occupancy standard. California says that two-persons-per-bedroom-plus-one is a reasonable rule.
How many people can legally live in a 2 bedroom in Florida? ›
The Fair Housing Act, enacted by The U.S. Department of Housing and Urban Development (HUD), regulates how many people can live in a rental unit. This law permits two tenants per bedroom — or four people total — unless a lower or higher number can be justified.
How many people can live in a 2 bedroom apartment in Texas? ›
Limits on people who live with you
Texas law generally lets landlords set occupancy to three adults (persons over 18) for each bedroom of the dwelling. See Section 92.010, Property Code. The landlord can set lower standards, as long as the policy does not illegally discriminate against tenants with children.
Which best describes occupancy limits according to the fair housing? ›
For example, California goes beyond the typical two-person per bedroom and employs what is known as the 2+1 standard.
What is standard occupancy? ›
A limit on the number of persons allowed per dwelling unit, based on the size of the unit, number of bedrooms and baths, and other factors, such as physical limitations of the building.
How do you determine occupancy limits? ›
How to Calculate Maximum Occupancy Load. The occupancy load is calculated by dividing the area of a room by its prescribed unit of area per person. Units of area per person for specific buildings can be found in the chart at the end of this article.
Can a family of 5 live in a 2 bedroom apartment in Florida? ›
There are no laws in Florida that require a specific amount of space/child or a specific number of rooms. However, if the space is so small as to affect the health or safety of the children, DCF could get involved if they received a complaint.
Can 5 people live in a 2 bedroom in Florida? ›
The standard provision reads two person per bedroom are permitted in a unit or home.
Can 3 people live in a 1 bedroom apartment in Florida? ›
A household of three persons should be permitted to live in an apartment with fewer than two bedrooms if the household so desires, unless there is a state or local occupancy law forbidding occupancy of the unit by three or more persons or unless the PHA maintains an Page 3 occupancy policy forbidding occupancy of the ...
Can a family of 6 live in a 2 bedroom apartment in California? ›
Additionally, the California Department of Fair Employment and Housing (DFEH) uses what is known as the “two plus one” formula, which permits two (2) people to occupy each bedroom, with one (1) additional person in the living spaces (i.e., five (5) people may reside in a two bedroom unit).
Three adults and an unlimited number of children may live in a one BR dwelling in Texas, if not otherwise restricted by local Ordinance. See TPC 92.010(a): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm.
Is there a limit to the number of people that can live in an apartment? ›
Generally, courts consider an occupancy policy of one tenant per bedroom restrictive. Landlords may set reasonable occupancy limits that do not discriminate against families or children. Therefore, restrictive housing policies are unlawful.
What is an example of a fair housing violation? ›
Examples of actions that could be discriminatory if based on a person's protected characteristic: Refusal to sell, rent, or lease rooms, apartments, mobile homes, condos, or houses. Refusal to negotiate for the sale, rental, or lease of housing.
What are the 7 personal characteristics that are protected by the Fair Housing Act? ›
The seven federally protected classes are race, religion, national origin, color, familial status, sex, and disability. These classes or characteristics are protected under the federal Fair Housing Act.
How to file a complaint against an apartment complex in Texas? ›
TDHCA-funded Property or Program (other than Texas Rent Relief Program)
- Submit a written complaint online by selecting this link – CLICK HERE (if your complaint is about the Texas Rent Relief Program do not use this link. ...
- by mail to PO Box 13941, Austin, TX 78711-3941.
- by fax to 512-469-9609.
Occupancy is a concept in property law defined as the state of possessing or residing on a piece of property. Both owners and tenants can be in occupancy of a property.
What is the legal definition of occupant? ›
Occupant is someone living in or using a premise or property as a tenant or owner, or someone has occupancy of a premise or property. An occupant does not need to be a tenant or owner, but can be someone living or using a property with the intention of acquiring ownership.
What is an example of occupancy status? ›
To give an example, if a property has four rooms and two of them are occupied, the occupancy rate is 50%. Alternatively, you could describe the rate as 20 if you currently have 20 people in-house. Either way, it is the number of people by which an area is being occupied.
What is a good occupancy cost ratio? ›
While this percentage can vary widely depending on the type of business and its location, a common rule of thumb in a competitive market is that a healthy occupancy cost percentage should not exceed 10% for an office tenant and 5-10% for a retail tenant.
