Landlord's limit on number of occupants may be fair housing violation

"A landlord who imposes an unreasonably restrictive limit on the number of people occupying an apartment can violate the fair housing laws. An unreasonable restriction on the number of occupants can have the effect of discriminating against families with children. What constitutes a reasonable limitation, though, depends on a variety of considerations, including the local building codes, the square footage of the unit, sewage system limitations, the ages of the occupants and other similar considerations."

"As a general guide, and only as a general guide, consider applying the "2+1" rule. Under the rule, a limit on the number of occupants is probably permissible if it allows two people per bedroom plus one additional occupant. In this case, that would mean that a reasonable limit is five people in the two-bedroom home."

"Under this general rule, placing your occupancy limit at four could be interpreted as overly restrictive, and as a result could be viewed as having a discriminatory effect on families with children. However, if the apartment is extremely small or on a septic system that cannot tolerate five occupants, your occupancy limitation of four people might be more reasonable."

Fair housing law prohibits landlords from setting unreasonably restrictive occupancy limits that discriminate against families with children. The "2+1" rule serves as a general guideline, allowing two occupants per bedroom plus one additional person. For a two-bedroom home, this means five occupants is typically reasonable. Setting a limit of four people could be viewed as discriminatory. However, specific circumstances such as extremely small square footage, local building codes, sewage system limitations, and the ages of occupants may justify lower occupancy limits. Landlords must carefully consider these factors before enforcing occupancy restrictions.

Read at Los Angeles Times