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OCCUPANCY
RESTRICTIONS
QUESTION: Can the board fine a family of
five (all related) for living in a 2-bedroom unit? The board feels that five is
to many and wants to fine them $75.00 per month.
ANSWER: The
board's decision would probably not withstand legal
challenge. Although associations have the power to regulate the number of
people living in a unit, such restrictions must be
reasonable.
 Limiting
Density.
Restricting density is important to associations because overcrowding strains parking,
drives up utility costs, overloads recreational facilities, disrupts the quiet enjoyment
of residents, and depresses property values. It can also lead to potential
health and safety issues.
The Federal Fair Housing Act allows reasonable
restrictions on occupancy so long as they apply to all occupants, and do not
discriminate on the basis of race, color, religion, national origin, sex,
familial status or handicap. The Uniform Housing Code and California's Health &
Safety Code both restrict the number of persons in a unit, using a formula based on
bedroom square footage.
Discrimination. When associations adopt
occupancy restrictions, the restrictions cannot be an excuse to discriminate against
families with children. California's Department of Fair Employment and Housing
(DFEH) has taken action against associations for excessive occupancy
restrictions. In one case, the DFEH took action against an association that prohibited 2 adults and 3 children from occupying a 2-bedroom unit.
Acceptable Formula. A formula that
appears to be acceptable to the DFEH is the "two-plus-one" standard used by many
associations. This formula allows
two persons per bedroom, plus one extra per household. For example, a
1-bedroom unit could have 3 people, a 2-bedroom could have 5 persons, and so on.
If you plan to add such restrictions to your
CC&Rs, you should seek legal counsel on the drafting of the language. If you have questions,
contact us.
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Sincerely
yours,
Adrian
J. Adams, Esq.
Adams Kessler PLC |
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