Ban on more than 3 students living together?

This is a bizarre story coming out of Henrietta, NY, where more than 3 unrelated people can't living in the same home, a big impact on student housing. It doesn't explicitly say whether it applies to just single family residential, or also apartments, but I thought I would share.

www.13wham.com/news/local/story/Henriett...7RkCTKjYlMCdcTw.cspx

Well, isn't that a violation of fair housing law? "Familial status"? Seems like the lack of a familial status would be the grounds. Don't see how they can get around that.

I can't speak for other states, but this would be a fair housing violation in California.

Familial status is not involved in three unrelated people living together because they are not family.

Familial status does not come into play for three unrelated persons -- they are not family.

In Raleigh NC, it is no more than 4 unrelated individuals in a dwelling. We have to remember "student" is not a protected class.

I've read that the city of Pittsburgh prohibits more than 3 unrelated people from living together. This seems to be a common phrase in leases I have researched for PA and especially Allegheny county area. I actually like this law for smaller apartments and houses. I can see though with large homes it would be limiting. Most larger homes do end up being subdivided eventually, so this is not an issue. I have seen four and five bedroom homes rented to tenants, I'm not sure how they arrange that or if the three or more is just not enforced.

This is correct--it's not against the law because of "lack" of familial status. Here in Illinois we have occupancy laws, but it's not based on whether the people are related or unrelated. Only the number applies.

This ban has been in effect in Fort Collins, CO for a few years that I am aware of. It does get tricky when you are running a site in a college town.

In Springfield, MO, there is a neighborhood directly south of the biggest university in the city (there are several other, smaller U's also) that has this regulation. I think it's stated as not more than 3 unrelated people. I think it is a city ordinance so I am guessing fair housing isn't the issue b/c it is a city ordinance? It's not the landlord making the decision

Here in Springfield, MO there is a restriction in a neighborhood just south of the biggest university in the city (there are other, smaller, U's also). I believe it is a city ordinance & limits to a max of 3 unrelated persons in the dwelling. I suppose it wouldn't be a FH issue if it's not a landlord decision but is a city zoning/ordinance issue? Of course students are not a protected class but I don't think it says a limit on the amt of students, but it limits unrelated persons

We have an "occupancy policy" on our criteria; no more than two people per bedroom, plus one more for the unit, but the law is really vague about it. :huh:

That wouldn't stop more than 3 unrelated ppl from living together though--a 2-bedroom could have 5 residents according to that law. And you're right, it's hardly regulated. Here in Chicago we can use it for grounds for eviction but usually ppl say one or the other of them is moving out--then it's up to you to find out if it really happens.

That's a very good point Chuck.

Since it's illegal to discriminate on the basis of "source of income" in my state, I would think we also shouldn't discriminate on what someone does when they are away from our community, such as attending school. A bunch of students living together is more ideal than a bunch of teenage dropouts...

Our law regarding eviction is very strict- it can only be related to behavior, not personality type. So we could evict someone for violating community rules, but not for being studious.

I have seen where if there are say three bedrooms and a common area that, there is allowed on tenant per bedroom. It does get complicated and there need to be some real strict rules in place in regards to the respect of the other tenants in the other bedrooms and the use and maintenance of the common areas. There also comes the actions of who pays for damages found in the common area as well.

General and most acceptable Fair Housing rule is two occupants per bedroom. Unless your city thnks they have a good case to defend against the FEDS I would check this out thoroughly to avoid getting yourself in a Fair Housing issue.