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Old 01-17-2018, 09:38 AM
 
4 posts, read 2,942 times
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We are a family of five (one daughter, two sons) and wanted to rent a two bedroom apartment (we are comfortable with even smaller) but the office staff said we were required to take a three bedroom place because of the size of our family and the sex of the children.

However, I couldn't find any such requirement in building codes or online, or notes from DCF about the sex of the children, etc. The most I could find is that Florida requires one room with at least 120 square foot, and the apartment is eight times larger than that. So it sounds like an illegal requirement to me; sounds like large family discrimination.

What do you all know about the minimum square footage per person to rent an apartment?

Last edited by cdevidal; 01-17-2018 at 09:52 AM..
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Old 01-17-2018, 12:03 PM
 
Location: NNJ --> NE FL 2015
1,278 posts, read 1,394,094 times
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This is what I found on COJ.net (city of Jacksonville municipal code compliance). I don’t manage properties like several folks on this board do so hopefully they can chime in. I think #2 below is what’s hurting you:

Required space in dwelling units. The maximum occupancy of a dwelling unit shall not exceed the following requirements:

(1) One hundred fifty square feet of floor space for the first occupant and at least 100 square feet of floor space for every additional occupant. The floor space shall be calculated on the basis of total habitable room area.

(2) The total number of occupants shall not exceed two times the number of habitable rooms in the dwelling unit.

(m) Required space in sleeping rooms. In every dwelling unit of two or more rooms every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant.
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Old 01-17-2018, 04:46 PM
 
Location: Jacksonville, FL (Mandarin)
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Here's the Keating Memo: https://www.hud.gov/sites/documents/DOC_7780.PDF This may point you in the right direction.
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Old 01-19-2018, 07:39 AM
 
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Thank you Ivan, I thought I had read that document once before but couldn’t find it again. The direct link:
COJ.net - Chapter 518

However, number 2 isn’t what’s hurting me. The definition of “habitable room” is given elsewhere in the same document:
Quote:
Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage space.
So number 2, as long as we rent a place with a kitchen and two bedrooms, we meet that law.

Number 1, the apartment is more than 550 square feet so we qualify for that one.

Number 3 may be where they complained. If one of the bedrooms is not at least 150 square feet we couldn’t legally rent it. That may be the case; I would have to get measurements.


And thank you Eric but the Keating memo is a guideline for HUD housing and not law, as far as I know.
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Old 01-19-2018, 07:48 AM
 
Location: Jacksonville, FL (Mandarin)
2,466 posts, read 5,542,745 times
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Quote:
Originally Posted by cdevidal View Post
...but the Keating memo is a guideline for HUD housing and not law, as far as I know.
The Fair Housing Act is applicable to all housing providers and is enforced by HUD.
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Old 01-19-2018, 07:49 AM
 
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Right but as far as I have read the Keating memo is a guideline and not law. Unless you know otherwise.
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Old 01-19-2018, 08:20 AM
 
Location: Jacksonville, FL (Mandarin)
2,466 posts, read 5,542,745 times
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Quote:
Originally Posted by cdevidal View Post
Right but as far as I have read the Keating memo is a guideline and not law. Unless you know otherwise.
I'm not arguing that point with ya! I was pointing out that it doesn't only apply to "HUD housing", as you stated.

Additionally, being that I'm in the housing industry, specifically in the property management business, I've attended more than a few conference sessions on the topic of fair housing, some of which included a speaker from HUD. The last thing a housing provider should want is to get investigated by HUD over a fair housing complaint. The investigators use many these guidelines/memos in their interpretation/understanding of the law. If you feel like you're the victim of illegal discrimination, go ahead and file a complaint.
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