Wednesday, October 30, 2013

The New Landlord: Occupancy Restrictions in FL~

The New Landlord:  Occupancy Restrictions in FL
Make sure you are in compliance with Fair Housing laws including occupancy restrictions!

We all know the Fair Housing Act prohibits discrimination on the basis of race, color, religion, national origin, sex, or familial status regarding the sale, rental, financing or advertising of real estate. This law is very specific and concrete.  
Fair Housing Act- Equal Opportunity Housing Provider in Pensacola, FL
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However, much confusion still arises today over occupancy restrictions with rental properties and in those communities that have active condo and homeowner associations. 

Department of Housing and US Development sets forth basic guidelines in regards to occupancy restrictions. This rule is typically defined as the "two-plus-one rule" which outlines the following:
  • Occupants may be restricted to 2 per bedroom
  • This does not apply if a child is under the age of two or if there is a pregnant women
When reviewing Fair Housing cases, HUD does tend to take into consideration a few factors including:
  • Size & Number of Bedrooms
  • Age of Children - especially when children present are infants
  • Configuration of home or apartment
  • Local & State Laws
The state of FL's landlord tenant laws do not provide specific occupancy restrictions and rather refer to those rules outlined by the Department of Housing and Development. Of course, with any law or rule, it could be affected by your local county and state ordinances, so make sure to check the rules present in your state. 

 As a landlord, you are not able to dictate that two children shouldn't sleep in the same room, regardless of the children's age or sex. Fair Housing Act rules apply to you, the landlord, when leasing or selling your home. Make sure to comply with all regulations to avoid a problem with Fair Housing! 

For more information, contact the Fair Housing Council or contact the Department of Housing and US Development or your attorney. 

This is the fourth article of our new blog series "The New Landlord: Tips & Tricks for the Profitable Landlord."  Make sure to follow our blog for more advice on how to be an effective landlord!  

Contact us with your Pensacola Property Management Questions
Contact us with your Pensacola Property Management Questions
Do you have any questions for us? Feel free to ask us your Pensacola Property Management Questions!  Email them to Nicoles@PensacolaRealtyMasters.com or give our office a call at (850) 473-3983

Nicole St. Aubin, Broker Associate
Realty Masters of FL~ #1 in Pensacola Rental Homes!
4400 Bayou Blvd. #58B, Pensacola, FL 32503
Call us at (850) 473-3983

Over 45 Pensacola Rental Homes at www.PensacolaRealtyMasters.com
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