Here I am again, another question, is it discrimination if were to limit the number of adults living in my 3 bedroom rental unit. "No more than 2 unrelated adult Housemates (Not a Rooming House)". I don't mind a family with kids but rather not rent to more than 2 adults even if they meet the combined gross income requirement.

Thanks, Dave

HUD has a formula, 2 people per bedroom PLUS 1 more for the unit. So a three bedroom would be 3 (bedrooms) x 2 (people per bedroom) = equals 6 people PLUS 1 more per unit. So 7 people.

But what if you have small bedroom and only 1 bathroom? HUD didn't think about that when they have their hammer fall down on your head!

So you must commit to paper your requirements so that you do not change your mind when different types of renters come by.

This is like no way 7 people can share 1 bathroom. So in my case I advertise my unit as 2 bedroom plus a den. SO I only need accept 5 people instead of 7.

What RobertJ said. Find another way to get rid of the adult roommates -- for example, you can require them all to have rented together for at least one year in the past. Often they haven't. Or increase your income requirment.

HUD does not require that you use their formula as a RULE - it's a guideline only and is very definitely flexible based on the size of the home and the rooms and the parking and other considerations.

And it is based on FAMILY size anyway, not a group of unrelated adults.

Regardless of whether it is or isn't, if you say nothing about it there will be a hard time proving that's the reason you denied the app. Remember, the less you say the better. Do not give them ammo to come after you.

Or as lawyers like to say to their chatty clients in court, "Stop talking...now."

When you do not approve an app, the process is very simple: either do not call/text/email them at all or if you feel the need to notify them, a simple message will suffice: "We regret that we cannot approve your application at this time. If you would like more details on why this application was not approved, please send a self-addressed, stamped envelope to PO Box 123 Anywhere Ave. Anytown, USA. Please allow 4 weeks for a response."

In 16 years, not ONE PERSON has sent me a letter requesting more info.

However, my question is:

Did you already charge the application fee when they submitted their application?

I usually ask this pre-screen question: how many people will move in with you (the contact person.) and if it is not a family, I will ask what is the relationship between them.

I require at least one person meet my minimum income requirements. So went they split up the one who can actually afford the place has a chance of keeping it and being able to cover the rent.

Normally groups of adults combining income is to meet the minimum requirement. So requiring at least one adult qualifies on their own reduces the chances of roommate applicants.

It seems to have solved my problem.

I have one boyfriend/girlfriend situation going on six years now. She qualified on her own, he did not. Three years ago she informed she was moving but he’d stay and find another roommate. I said no, not unless he or his new roommate met the minimum income requirement on their own. If he could not do that they would both be required to move.

California references an old HUD memo on the 2 plus one standard. Clear guidance really doesn't exist and changes routinely. In the 2021 Keating memo for example, just two people per bedroom was referenced.

In other memos, it will simply say stay in compliance with state and local ordinances.

So this can be a tricky topic that lead to a fair housing rabbit hole if you allow it. How do you stop that from happening?

Dig your spurs in deep after you pick a standard that seems to best fit your property. If you have a place with a master suite bedroom, you might be able to reference 4 people in that room because it is 500 sq/ft. In that room that is only 140 sq/ft though, you might be limited to only 2.

Your reasoning nees to make sense and not be random. HUD has used 2 or 2 + 1 since I went through ROP training in Landlording in SoCal in the 90's