Do occupancy limits apply under Fair Housing Law?

Yes, occupancy limits do apply under Fair Housing Law in Virginia. This law states that landlords and property managers must consider a reasonable number of occupants when evaluating a rental application. The occupancy limit is determined by the size of the rental unit and is typically two people per bedroom. However, local laws in Virginia may also impose additional restrictions. Landlords may not differentiate between related and unrelated occupants when making a determination about occupancy. Additionally, landlords may not implement occupancy limits as a way to avoid renting to families or to discriminate against children. It is illegal for a landlord to reject a rental application because of the number of occupants being larger than the occupancy limit. When a landlord does accept an application, the number of occupants must be stated in the lease agreement and a landlord must accept only the stated number of occupants. A landlord may also require that each adult occupant apply and pay any application fees, provide a social security number, and sign the lease. The enforcement of occupancy limits in Virginia is managed by the Virginia Fair Housing Office, which can provide more information to landlords and tenants about enforcement. Additionally, tenant organizations, such as the Virginia Poverty Law Center, may be able to provide more information and resources about occupancy limits and other fair housing laws in Virginia.

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