I just had an inquiry, which I repeatedly get, regarding whether or not (and how) an association can limit the number of residents in a unit. My response, as usual, was qualified: it depends on where you are, and how much risk (of litigation) you can bear.
The Federal Fair Housing Act prohibits discrimination based upon "familial status"; "familial status" is defined as:
"one or more individuals (who have not attained the age of 18 years) being domiciled with--
(1) a parent or another person having legal custody of such individual or individuals; or
(2) the designee of such parent or other person having such custody, with the written permission of such parent or other person."
With this definition in mind, I think that it's risky, at best, to try to restrict the number of blood-related individuals residing in a unit. I do think, however, that associations can safely adopt definitions from their municipalities, and restrict occupancy based on those criteria.
FYI, Salt Lake City's ordinance restricts occupancy in it zoning by defining a family as follows:
"Family" means:
A. One or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, living together as a single housekeeping unit in a dwelling unit; or
B. A group of not more than three (3) persons not related by blood, marriage, adoption, or legal guardianship living together as a single housekeeping unit in a dwelling unit; or
C. Two (2) unrelated persons and their children living together as a single housekeeping unit in a dwelling unit.
The term "family" shall not be construed to mean a club, group home, transitional victim home, substance abuse home, transitional home, a lodge or a fraternity/sorority house.
And Summit County defines a family to include:
10-11-1.108 Family: A single individual, doing his/her own cooking and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel.
The Federal Fair Housing Act prohibits discrimination based upon "familial status"; "familial status" is defined as:
"one or more individuals (who have not attained the age of 18 years) being domiciled with--
(1) a parent or another person having legal custody of such individual or individuals; or
(2) the designee of such parent or other person having such custody, with the written permission of such parent or other person."
With this definition in mind, I think that it's risky, at best, to try to restrict the number of blood-related individuals residing in a unit. I do think, however, that associations can safely adopt definitions from their municipalities, and restrict occupancy based on those criteria.
FYI, Salt Lake City's ordinance restricts occupancy in it zoning by defining a family as follows:
"Family" means:
A. One or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, living together as a single housekeeping unit in a dwelling unit; or
B. A group of not more than three (3) persons not related by blood, marriage, adoption, or legal guardianship living together as a single housekeeping unit in a dwelling unit; or
C. Two (2) unrelated persons and their children living together as a single housekeeping unit in a dwelling unit.
The term "family" shall not be construed to mean a club, group home, transitional victim home, substance abuse home, transitional home, a lodge or a fraternity/sorority house.
And Summit County defines a family to include:
10-11-1.108 Family: A single individual, doing his/her own cooking and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel.
The ordinances of other Utah governmental entities can be found on the links at Utahcondolaw.com.
Are there any limitations on numbers of persons, based upon numbers of bedrooms per unit?
ReplyDeleteLove the picture! But perhaps there should be other pictures that reflect the examples listed in the Salt Lake ordinance.
ReplyDeleteI live in Summit County, but I don't cook, because no one in my family will eat my cooking. Are we therefore not a "family," according to the county? Are we violating the law by eating out all the time?
ReplyDelete