Legal Question in Landlord & Tenant Law in California

How many in one house
My sister does not have access to a computer so I thought I would ask for her. My sister owns a home wiht a guest house behind it. It is a small one bedroom home. Are they laws or regulations as to how many people can dwell in a a small one bedroom home? Where would she find the codes for this. She has a family of 5 arguing with her that she shoudl rent to them. Husband, wife and 3 kids...aren't there laws prohiting her from renting to this many people in this small of ahome? Thank you for your assistance.

Asked on 10/06/05, 1:18 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

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Re: How many in one house

You have 3 basic sets of laws that will apply. First, there will probably be local zoning ordinances that apply. And can start by checking the website for the city or county where you live and than ask their code enforcement department about the laws.

The other sets of laws would be the federal and state laws that prevent housing discrimination. For more information, you can contact the California Department of Fair Employment and Housing (http://www.dfeh.ca.gov/) or the federal Equal Employment Opportunity Commission (http://www.eeoc.gov/)

The last time I researched the discrimination iossue (family status), there was no hard and fast rule on occupancy limitations. It used to he that you would be safe with the 2+1 rule (two person's per bedroom plus one in the living room). But there are many factors such as availability of parking, adequacy of utilities, etc.

Although my initial reaction is that there probably isn't sufficient room for a family of 5 in a 1-bedroom living space, you should definitely consult a local attorney and local zoning laws.

Answered on 10/06/05, 1:28 pm

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