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I manage a small building and we have a very small unit up for rent. Having lived there, it would really only be comfortable for one person, and multiple people would most likely not be happy there even if they believe they would be initially. Additionally, we don't want multiple more vehicles on the property, excess foot traffic going in and out, etc, since the activity level is already high.
Is it legal to tell any multiple-occupant applicants - whether couples, friends, people with children, etc. - that we are only renting to one person/single occupancy? I know family status is an illegal basis, but I'd be careful not to ask any questions in that regard. If it's illegal we'd just have to prohibit multiple vehicles in the lease. This is in NJ.
That's not really my question, I'm asking if you could specify one occupant only, without making reference to family or marital status. Square footage wise, it seems that it can legally accommodate 3+ people, but it would not be practical and most likely not result in a long tenancy, and there are other reasons mentioned (cars etc) that a single occupant would be better.
You need to learn just where the legal foul lines are in YOUR County.
Generally... owners of fewer than X units have a LOT more latitude vs a bigger complex.
Assuming your small set up qualifies... insisting on a SINGLE should be entirely reasonable.
It would be a very unusual apartment where you could legally limit it to one person. Generally, to not violate fair housing you will need to accept 2 persons per bedroom plus one in the living room.
Unless you maybe have a septic system that the health department has put a limit of the number of persons, which I doubt is going to apply to an apartment building..
You can definitely limit the number of cars allowed on the property, but that doesn't seem to stop large groups with many cars from trying to rent. But you can put the car limit into the lease and maybe do a parking permit and have extra cars towed.
My only suggestion is to have a stout minimum income because when you have a group of people trying to cram into a small space it will be because they can't afford anything bigger. Require a decent credit score and good landlord references. I seriously recommend the in-home inspection, because that will save you from a lot of trouble in the future and will probably weed out those claiming to be single but have property for multiple people in their existing rental, plus you can detect undeclared pets and smoking odors.
You can advertise it as a small studio and maybe that will stop families from looking and applying. But even in a studio you would probably have to accept two tenants.
If you fall within the federal FHA Act, you need to make sure you don't run afoul of family status in limiting occupancy. If not covered under FHA Act, makes dang sure your state or local jurisdiction has not adopted the FHA Act without exemptions as local law. If clear of any fair housing family status laws, you next turn to your states/local laws that address occupancy limits. That will provide the legal basis under which you can or can't set regarding occupancy restrictions.
Your question is a legal one, so you shouldn't expect random Internet Forum responders to know what applies for your specific jurisdiction, or based on their own anecdotal experiences.
Most towns / counties / states have their actual laws available on the Internet. Find them (in that order) and see if you can get answers that you know applies to your situation in your location.
This has the added benefit that if someone questions your actions, you can reply by quoting the actual statute numbers and text.
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