Do occupancy limits apply under Fair Housing Law?

Yes, occupancy limits do apply under Fair Housing Law in Delaware. In most circumstances, the Fair Housing Act limits the number of people who can live in a single unit to two people per bedroom plus one additional person. For example, a four bedroom apartment would be limited to nine people living in the unit. In addition, the rental unit must have enough habitable space for all the occupants to sleep. Habitable space is defined as any room that is used for living, dining, cooking, and/or sleeping purposes. All areas must meet certain standards for privacy, safety, and good health. Occupancy limits under Fair Housing Law are designed to protect tenants in rental units from overcrowding. Overcrowding can lead to unsafe, unhealthy, and stressful living conditions. Tenants may experience increased noise disturbances, a decrease in available living space, and a lack of basic amenities, such as hot water, electricity, and running water. It is important to remember that occupancy limits under Fair Housing Law are just one way to protect tenants. Landlords should also take additional steps to ensure the safety and security of the rental unit. This could include properly screening tenants, conducting regular inspections, and making sure all housing rules are followed.

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