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ARTICLE · 01 MARCH 2014

Occupancy Standards: Not Quite So Simple After All

Fox Rothschild LLP
Fox Rothschild LLP
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The issue of occupancy standards continues to be anything but clean cut.

United StatesReal Estate and Construction

The issue of occupancy standards continues to be anything but clean cut.  What might seem to be a reasonable standard to you is different than a reasonable standard for me.  Making it even more difficult is that different jurisdictions have enacted varying guidelines.  Many apartment communities (including those I represent) have a typical occupancy guideliness of two people per bedroom.  While that may seem benign, it can get us into trouble.  Although it is easy to conclude that 10 people in a moderatly sized two bedroom apartment is too many, the line is harder to draw when a family of five (with three small chliden) wishes to rent that same two bedroom unit.  What is management to do?  What happens when there is one bedroom and a den?  Or a large family room?

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