Question: nice prospective rented a 1-Bedroom. Max # of occupants are 3 in a 1-Bedroom. Two weeks later he visits with his son and his pregnant wife--legally she is still considered 1 person. Do I inform them that when they have the baby and their lease ends, that I cannot offer them another lease and that they would have to move to a 2-bedroom because they will be 4 occupants? When is prudent to let them know this?
Guest Insider
She is protected by fair housing as a pregnant woman. You cannot say anything at this point. This would be a conversation at renewal after the baby has been born and you are then aware that they are over occupancy limit and you can have a kind chat about transfer options. You can’t count an unborn child. Hope this helps!
Lori Segura
In Oregon you can't count the baby as an occupant until they are 2 years old. So him, the pregnant wife (counts as 1 person) and the child are within occupancy limits. So ultimately they wouldn't be over occupancy for 2+ years.
Sarah Fehr
FYI HUD has new language regarding occupancy guidelines. 2 plus 1 (in a nutshell) subject to state building code is what they enforce as far as fair housing.
Gerry Hunt
She may or may not have the baby. And my understanding is that in many states, the new baby, if born, can be up to TWO years old before they would need to move.
Guest Insider
She is protected by fair housing. After she has her baby if u know they still living there, than yes u can serve them unauthorized occupants
Guest Insider
In NJ the child isn't considered an occupant until age 6.
Guest Insider
What state are you in? Our occupancy is 2 per bedroom. Unfortunately you can't do anything now except maybe mention it to them. Legally you can't do anything but they may want the heads up before renewing.
Guest Insider
I would bring it up at renewal time, if I know for a fact that baby was born.
Erin Balta
I just took a gracehill yesterday for a refresher and it’s changed as far as I ever knew. It recommends checking with your local hud and recommends not to mention children under 5! I was in shock.
Guest Insider
I would only recommend having the conversation with the prospective renter and ask them who will be residing in the apartment with them. I would let them know all occupants need to be on the lease and anyone over the age of 18 needs to have a credit/background check done just as does everyone else in the community. This way you have an account of occupants. I would not even acknowledge the pregnancy.
Guest Insider
Don't bring it up now, they are protected by fair housing laws and it would be in bad taste to start their journey with your community on that note. Also anything can happen between now and the lease renewal, they may opt to go to a larger unit at that time or may choose to move elsewhere.
Guest Insider
Everything depends on what state you are in
Guest Insider
You do not acknowledge the pregnancy at all.
Guest Insider
Legally that baby is not considered a person until 2 years old, per fair housing laws. But maybe mention that!
Guest Insider
No say nothing
Guest Insider
Unless your required to follow certain tax credit regulations, don't even acknowledge it who knows how their living situation will change within the next year and it may not even become an issue at the time of renewal.
Karen Mallinger
Nope. A pregnant person is 1 person. You lease to the person in front of you.
Amber Bell
We consider a child under 1 as infant and it doesn't count until the child turns 1 towards occupancy limit
Renae Maisano
What type Unit? Tax credit, section 8, market? You can discuss the Tenant Selection Plan with them and what the transfer options would be at that time.
eric rivera
Why tick them off so early?? Besides, they may wanna upgrade all on their own.
Billie Lewallen
www.hudexchange.info/.../occupancy-standards.../
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04 DecEvent starts in:
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22 Jan
