Legal Question in Real Estate Law in Virginia

Re: overcrowded

Each county has adopted an occupancy limit in its Zoning Ordinance. Keep in mind that the individual home owner can also petition the Zoning Board of Appeal to change the occupancy limit based on special circumstances (it may even change the zoning designation all together). In Fairfax County, normally speaking a single family house can host one (1) family, which may consist of one (1) person or two (2) or more persons related by blood or marriage with any number of natural children, foster children, step children or adopted children and with not to exceed two (2) roomers or boarders with a Home Occupation Permit.

Or

Two (2) single parents or guardians with not more than a total of six (6) of their dependent children, including natural children, foster children, step children or adopted children, functioning as a single housekeeping unit.

Or

A group of not more than four (4) unrelated persons functioning as a single housekeeping unit.

or

A group residential facility ("Group Home").

Keep in mind that each county will adopt its own rules so you need to refer the county zoning ordninance. Also changes have been made to the definition of family in some counties, Prince William for example where a nephew would not be part of the family (not fair it would seem... so probably that will change again!!!).

Re: overcrowded

Depends upon the locality that you're referring to, e.g., Arlington, Fairfax County, Prince Williams County, etc.

In Fairfax County, I believe the local zoning laws limit such occupation to five unrelated adults for any single family home. Take note of the adjective unrelated which is key to this issue and that we're not talking about adults with family ties in regard to this issue.