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Posts: 2
Reply with quote  #1 

I have a small but charming one bedroom apartment attached to my home. My previous tenant was an older woman who was the tenant when I bought the house. She passed away last year and this is my first attempt trying to market and rent the apartment. Since the apartment is small it can only accommodate one person comfortably, I'm told I can't place an add stating "Single Occupancy". Besides I only have enough room for one parking space in my driveway and I have a septic system and I don't think it can handle the additional waste. Any ideas on how I can screen potential renters and not discriminate?



Posts: 6
Reply with quote  #2 
I think you worded it perfectly in your post, just be honest with those who call about the apartment. You cannot state the single occupancy in your ad, but you can screen those who are interested- there is nothing wrong with that.



Posts: 3,817
Reply with quote  #3 
HUD guidelines state 2 people per bedroom, but those are only guidelines.  When a physical limitation exists because of some system in the rental unit (like your septic system), it is perfectly OK to deviate from those guidelines.  As long as the reason is a legitimate business one and is not for discrimination purposes you should be able to limit the number of occupants.  Likewise, if the apartment was unusually large you might be able to increase the number of occupants past the guideline.

As you said, the size of the unit, the capacity of your septic system, and available parking space are your business reasons for lowering the occupancy.  You cannot advertise it as such, but you may use it as part of your screening criteria.  After all, no tenant would want to live in your unit with a roommate if they couldn't flush, bathe, move around comfortably, or find a parking place.

Posts: 2
Reply with quote  #4 

Thanks for the information. I'm sure the apartment will meet someone's needs, it will just take a little longer and a lot of phone calls until the right person comes along.

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