California State Laws on Multiple Kids in an Apartment
The state of California uses occupancy laws as a way of regulating the number of people living in a rental property. These laws protect neighbors from parties and loud noises coming from apartments with a large number of tenants and ensure that the people living in the apartment are comfortable. The law in the state is not as clear, however, when it comes to multiple children living in one apartment.
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Occupancy Limits
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California law does not give a landlord the right to prohibit or deny a renter based on the number of children. The law follows the regulations from the Department of Fair Employment and Housing, which determines the maximum occupancy allowed in a rental unit. According to the Department, two people per bedroom is allowed in an apartment; in some cases, one additional person is allowed. For example, in a two-bedroom apartment, the maximum occupancy would be five people: two in each bedroom and one extra person.
Expert Insight
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According to Steven R. Kellman, a California-based lawyer, landlords are not legally allowed to deny a renter a rental property based on the number of children in the family. Kellman also claims that landlords use occupancy requirements as a way to deny families occupancy without breaking the law. A landlord may place extreme limits on the number of occupants, such as denying a family of five from renting a three bedroom house, because the landlord does not want to rent to families or people with children.
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Considerations
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As a way to limit the number of children or minors under the age of 18, a landlord might opt to limit the number of cars allowed at a property. The landlord has the right to stop a family from having a certain number of cars; so by limiting a family to having more than one or two cars, the landlord can prevent parents with multiple children of driving age who have their own vehicles from moving into the property.
Family Status
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California law defines a family as a unit consisting of at least two people; for example, a single mother with one child under the age of 18 is considered a family unit. A landlord is not legally allowed to ban a family unit from renting a property unless the family size is larger than the size allowed for the unit. Provided that the family size does not violate the two-people-per-room-plus-one-occupant rule, then the landlord cannot deny the property on the basis of family size.
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