{"id":2676,"date":"2021-05-23T22:20:46","date_gmt":"2021-05-24T03:20:46","guid":{"rendered":"https:\/\/www.padleads.com\/blog\/?p=2676"},"modified":"2021-05-23T22:20:48","modified_gmt":"2021-05-24T03:20:48","slug":"how-to-evaluate-occupancy-standards-as-a-leasing-agent-to-avoid-discrimination-issues","status":"publish","type":"post","link":"https:\/\/www.padleads.com\/blog\/how-to-evaluate-occupancy-standards-as-a-leasing-agent-to-avoid-discrimination-issues\/","title":{"rendered":"How to Evaluate Occupancy Standards as a Leasing Agent to Avoid Discrimination Issues"},"content":{"rendered":"\n
Every landlord and leasing agent should know about occupancy standards. It will serve as one of the guidelines in determining property capacity. One of the goals of a landlord is providing tenants with a habitable home. It isn\u2019t only about giving them the house with the best features. It\u2019s about their comfort too. For example, a property has only two bedrooms. Realistically, ten people will not fit into those two rooms.<\/p>\n\n\n\n
Occupancy standards are a set of rules to determine the number of occupants in a single property. It not only takes into account the number of bedrooms but also the area size. These standards can pose a problem for tenants with children. It is common among the rental community to follow the \u201ctwo per bedroom\u201d rule under the Keating memo. You can see why this can become a predicament for couples with children.<\/p>\n\n\n\n
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The Law<\/h1>\n\n\n\n
The main concern for this rule is the possibility of discrimination accusations. As the Fair Housing Act states, no landlord must reject an applicant based on their familial status. It means tenants with children below 18 years old. The FHA also protects tenants who have legal custody for any minor, including those in the process of adoption.<\/p>\n\n\n\n
However, there is an exception to the rule. A landlord, for example, with a property for housing seniors may not accept tenants with children. The right thing to do is to find a balance. Today, we\u2019ll tackle the things to evaluate to coincide with the occupancy standards.<\/p>\n\n\n\n
\u2022 Check the present standards<\/h1>\n\n\n\n
Before making any changes, the landlord or leasing agent must check the current status of the property. As mentioned, another factor that can affect the occupancy standards is the area size. They should check if the room is big enough to accommodate more than two persons.<\/p>\n\n\n\n
The sooner this is done, the lower the chances of receiving discrimination complaints. While the assessment is ongoing, the landlord can apply the \u201c2+1\u201d standard. For example, three people can occupy a one-bedroom property. Five people can now reside in a two-bedroom unit. Adopting this rule can help avoid discrimination complaints.<\/p>\n\n\n\n
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\u2022 Review the state and local codes<\/h1>\n\n\n\n
The best way to avoid any complaints is to adhere to the law. The landlord and agent can check the state and local codes about a property\u2019s capacity. It may differ from state to state, so it is essential to identify which ones apply to your area.<\/p>\n\n\n\n
It is crucial not to miss this step because it will serve as the landlord\u2019s guidelines. The tenants may complain less if they know the landlord followed the state codes. You and the landlord can also consult a lawyer who knows more about this than you do.<\/p>\n\n\n\n
\u2022 Set rules about limiting the number of people, not children<\/h1>\n\n\n\n
To avoid accusations, the landlord can set a limit on the number of people and not children. Specifying a limit on children will not sit well with the tenants. It is a clear indication of discriminating against families.<\/p>\n\n\n\n
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