Do occupancy limits apply under Fair Housing Law?

Yes, occupancy limits do apply under Fair Housing Law in Indiana. According to the Indiana Civil Rights Commission, a landlord or property manager may not establish or enforce occupancy standards that violate Fair Housing Law. Under the law, an occupancy limit of two persons per bedroom is generally considered reasonable. However, the ICC also states that this limit is not carved in stone. Some factors that can be taken into consideration when deciding if additional occupants are reasonable include: -The age of the occupants -The size of the bedrooms -The amount of shared living space -The size of the overall dwelling -The general health and safety requirements of the premises In order for occupancy limits to be legal, they must be applied consistently and must not have the effect of discriminating against any protected class. For example, a landlord may not impose a higher occupancy limit on families with children than on other tenants. When considering occupancy limits, it is important to remember that they must take into account all of the relevant factors for a particular property. Limits must not be arbitrary, or impose an undue burden on any protected class. If you have questions about occupancy limits in Indiana, it is best to seek professional advice.

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