Moving Beyond Two-Persons-Per-Bedroom: Revitalizing Application of the Federal Fair Housing Act to Private Residential Occupancy Standards

102 Pages Posted: 28 Mar 2011 Last revised: 12 Jun 2012

Tim Iglesias

University of San Francisco - School of Law

Date Written: January 27, 2012

Abstract

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.

Keywords: Housing, Residential, Occupancy, Bedroom, Fair Housing Act, FHA, Department of Urban Development, HUD

Suggested Citation

Iglesias, Tim, Moving Beyond Two-Persons-Per-Bedroom: Revitalizing Application of the Federal Fair Housing Act to Private Residential Occupancy Standards (January 27, 2012). Georgia State University Law Review, Vol. 28:3 p. 619; Univ. of San Francisco Law Research Paper No. 2011-19. Available at SSRN: https://ssrn.com/abstract=1792849 or http://dx.doi.org/10.2139/ssrn.1792849

Tim Iglesias (Contact Author)

University of San Francisco - School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

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