The HUD guideline of ‘two plus one’ needs to be considered only a guideline. The rule of two persons per bedroom plus one extra, would allow for seven occupants in a three-bedroom rental (3×2 + 1). However, HUD has clearly indicated that this is only a guideline. A recent case in California involved a family of 12 that applied for a 2,583-square foot home where the landlord denied tenancy because the family, “had too many kids.”
Per HUD, what is reasonable for a specific home depends on the size and configuration of the property – including the number of bedrooms, the size of the bedrooms, the total living space, if there are any physical limitations in the home, the ages of the children and “other relevant factors.” Although the landlord thought he was safe by applying the two plus one rule when he denied the family of 12, he lost.
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A King County Superior Court judge overturned Seattle’s “First Come, First Served” Ordinance. The ordinance went into effect last year and required landlords to accept the first applicant who met screening criteria. The judge ruled that while the goal of the law, preventing discrimination, was laudable, that it was too far reaching and violated landlord’s property rights. She also found that the rules in the law regarding rental advertising violated property owner’s free speech rights. The city has not yet revealed whether they will appeal the decision.