Tuesday, August 2, 2016

How Many People Can Legally Live in a One-Bedroom Apartment?

I won’t get into too much detail, I’ll just ask my question. I know a family of 5 living in a one-bedroom apartment. Two adult parents, 2 kids (I’m guessing between 5-7) and one toddler no less than 3, all in ONE-BEDROOM, ONE-BATH that isn’t very big, might I add. Is this legal?

The answer to your question depends on a number of factors. First is what is dictated as a maximum by city or county officials, such as fire inspectors or health departments in terms of safety and health issues. The second is what occupancy standard is established by the landlord, and that standard must be fair housing compliant. For decades, that standard has been guided by HUD (US Department of Housing and Urban Development) and the minimum was, in most cases, deemed to be 2 people per bedroom, although many landlords, in order not to discriminate based on familial status, have chosen to go with “2 people per bedroom + one other person” or “2 people per bedroom but not counting children under a certain age.”  However, even such more generous occupancy is facing challenges from fair housing advocates and there are lawsuits now pending, the outcome of which cannot be predicted. These lawsuits are being monitored by the apartment housing industry. So, there is no definitive answer to your question, although from a practical standpoint, if the family is willing to live in such close quarters (for economic reasons, or perhaps to have their children in a particular school district) and there are no landlord/tenant problems with the family, maybe there is no issue at all.

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from Apartment Living Blog https://www.forrent.com/blog/tips/many-people-can-legally-live-one-bedroom-apartment/

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