Moving Beyond Two-Persons-Per-Bedroom: Revitalizing Application of the Federal Fair Housing Act to Private Residential Occupancy Standards
University of San Francisco - School of Law
January 27, 2012
Georgia State University Law Review, Vol. 28:3 p. 619
Univ. of San Francisco Law Research Paper No. 2011-19
New empirical evidence demonstrates that the common residential occupancy standard of two-persons-per-bedroom substantially limits the housing choices of many thousands of families, especially Latinos, Asians and extended families. The federal Fair Housing Act makes overly restrictive policies illegal, but the enforcement practices of the U.S. Department of Housing and Urban Development (HUD) have enabled the two-persons-per-bedroom standard to become de facto law. This article urges HUD to use its regulatory authority to remedy the situation and offers several solutions. And, if HUD fails to act, it encourages private plaintiffs to challenge the two-persons-per-bedroom standard and provides guidance to courts in deciding these cases.
Number of Pages in PDF File: 102
Keywords: Housing, Residential, Occupancy, Bedroom, Fair Housing Act, FHA, Department of Urban Development, HUDworking papers series
Date posted: March 28, 2011 ; Last revised: June 12, 2012
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