Do occupancy limits apply under Fair Housing Law?
Yes, occupancy limits do apply under Fair Housing Law in California. The Fair Housing Law is a state law that prohibits landlords from discriminating against tenants based on their race, color, religion, sex, national origin, familial status, or disability. Under this law, landlords must adhere to the state-specified occupancy restriction. In California, the Department of Housing and Community Development has established a two-person-per-bedroom rule, meaning that no more than two people may live in a bedroom regardless of age or gender. For example, if an apartment has two bedrooms, the maximum number of people allowed to live in the apartment is four. There are some exceptions to this rule and landlords may impose additional restrictions on certain dwellings, such as studio apartments and single-room dwellings. Additionally, landlords must comply with local occupancy limits. Some cities have adopted additional guidelines, such as specifying a certain square footage or size of bedroom required to house the occupants. Landlords must adhere to both the state and local occupancy limits in order to remain compliant with the Fair Housing Law. This means that tenants must have written confirmation that the occupancy limit has been met prior to renting an apartment.
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