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Number of Tenants allowed in a 2 BR - Pennsylvania

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  • Number of Tenants allowed in a 2 BR - Pennsylvania

    I have a prospective tenant that wants to rent my 2 BR apartment for herself, son and daughter. The children are 8 and 11 years old. Given the children's ages and sex , I was thinking that each should have a separate bedroom. Am I correct in my thinking? Does anyone know if this is covered under Pennsylvania tenant/landlord law?

  • #2
    Re: Number of Tenants allowed in a 2 BR - Pennsylvania

    I don't believe there are laws in any state that dictates how old a child should be, or what gender, that prevents them from sharing a bedroom. It's really none of the landlord's business how old the children are or what their gender is, in order to share a bedroom. That is up to the parents, not a landlord. .

    Legally, if you deny them the rent based on your own moral beliefs alone, they can sue you for discrimination.

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    • #3
      Re: Number of Tenants allowed in a 2 BR - Pennsylvania

      HUD GUIDELINES for maximum occupancy are 2 per bedroom plus one. Based on these guidelines, a 2 BD unit would accommodate 5 people. There may be other occupancy guidelines in state or local ordinances. Many areas have guidelines that are based on the square footage of the bedrooms or unit. Check those.

      Section 8 program requirements specify a separate bedroom for children of different sexes over the age of 6-8 (varies by area). Section 8 guidelines only apply to those on this program.

      Perhaps one child will sleep on a pull out sofa? Your only job is to screen the applicants to see if they meet your qualifications. You cannot discriminate or deny these people based on the number or sex of their children unless you live in the building. (There are exceptions to the Fair Housing laws for owner occupied buildings.)

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