Do occupancy limits apply under Fair Housing Law?
Yes, occupancy limits do apply under Fair Housing Law in Michigan. The Michigan Occupancy Standards state that the maximum number of unrelated individuals who can live together in a dwelling is two persons for each bedroom. This ensures that dwellings do not become overcrowded or hazardous to the health and safety of tenants. Whether or not a landlord can implement occupancy limits is determined by local governments, state laws, and building codes. Landlords must adhere to all state and local laws, and if local governments or state laws impose stricter occupancy limits, then these limits must be respected. For example, a landlord in Michigan may have a building code that states that only two persons can live in a one bedroom apartment, even though the Michigan Occupancy Standards allow for three persons. In this case, the landlord must follow the stricter building code and not the state or local laws. Fair Housing Law also protects people from discrimination due to familial status. Therefore, landlords cannot refuse to rent or discriminate against families who may have more than the maximum number of tenants allowed at a residence. A landlord cannot ask a family how many children they have, or refuse to rent an apartment to them due to the number of family members. In summary, yes, occupancy limits do apply under Fair Housing Law in Michigan. Landlords must follow all applicable state and local laws, and they cannot discriminate against families due to the amount of tenants.
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