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S/O 4 kids in 1 bedroom - legal?



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watergirl




 
 
    
 

Post Mon, Jul 01 2019, 12:42 pm
In the current thread where OP is asking for chizzuk re: 3 or 4 kids in a 1 bedroom apartment, many people said that they have heard of many MORE kids than that in a 1 or 2 bedroom apartment.

I am asking out of curiosity and without judgement, for those in the States who RENT - is this legal?

Where I live, I personally know a number of families who were kicked out of their apartments, leases broken or not renewed, because they had more people living in the apartment than allowed by state law - there is a certain of sq. footage per occupant the state/Fire Marshal requires you to have. Their choice was to move into a new apartment with more bedrooms (and bathrooms, in some cases) in the complex if there was one available, or to move out completely. A relative of mine was put in a bad place because they could not afford the higher rent and BH JCS is helping them make up the difference.

I personally had one potential landlord reject us because my step children coming to visit would put us over the limit and she was not willing to take the chance.

Is this not an issue for anyone else?
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amother
Goldenrod


 

Post Mon, Jul 01 2019, 1:20 pm
Occupancy laws vary from place to place. I believe there are states/ counties with no official occupancy laws at all.
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watergirl




 
 
    
 

Post Mon, Jul 01 2019, 1:29 pm
amother [ Goldenrod ] wrote:
Occupancy laws vary from place to place. I believe there are states/ counties with no official occupancy laws at all.


I just found this for NYC. I assume its not held to?

Sec. [D26-33.03] 27-2075 Maximum permitted occupancy
a. No dwelling unit shall be occupied by a greater number of persons than is permitted by this section.

(1) Every person occupying an apartment in a Class A or Class B multiple dwelling or in a tenant-occupied apartment in a one- or two-family dwelling shall have a liveable area of not less than 80 square feet. The maximum number of persons who may occupy any such apartment shall be determined by dividing the total liveable floor area of the apartment by 80 square feet. For every two persons who may lawfully occupy an apartment, one child under four may also reside therein, except that a child under four is permitted in an apartment lawfully occupied by one person. No residual floor area of less than 80 square feet shall be counted in determining the maximum permitted occupancy for such apartment. The floor area of a kitchen or kitchenette shall be included in measuring the total liveable floor area of an apartment but the floor area for private halls foyers, bathrooms or water closets shall be excluded.

(2) A living room in a rooming unit may be occupied by not more than two persons if it has a minimum floor area not less than one hundred ten square feet in a rooming house, or 130 square feet in a single room occupancy.

b. The maximum number of persons who may occupy a dormitory shall not exceed the occupancy permitted under section 66 of the multiple dwelling law, and the regulations issued thereunder by the department.

c. On written demand by the department, or by the owner when he or she rents a dwelling unit or any time thereafter, the tenant shall submit an affidavit setting forth the names and relationship of all occupants residing within the dwelling unit and the ages of any minors. In the event of an increase in the number of occupants, the tenant shall advise the owner and, if the owner so demands in writing, the tenant shall submit an affidavit, setting forth the pertinent information regarding such increase in occupancy.

d. In any case where the birth of a child or its attainment of the age of four causes the number of persons or children to exceed the maximum occupancy permitted in this section, such excess occupancy shall be permissible until one year after such event.

e. In every rooming unit, a sign shall be posted showing the maximum lawful occupancy. Such sign shall be made and installed in the manner and location prescribed by the department and shall be maintained at all times.
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dankbar




 
 
    
 

Post Mon, Jul 01 2019, 1:45 pm
80 sq feet per person is a minimal amount I hope families of ten are not pushing into 800 sq feet apartments.

Usually you need separate bedrooms with windows, for each gender, to receive Section 8.
To foster special needs children in city housing also have laws that special needs child has to be in a bedroom of his own etc.
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Raisin




 
 
    
 

Post Mon, Jul 01 2019, 1:48 pm
Probably the renters rented the apartment when they had none or only one kid and pretty quickly had a few more kids. I don't think landlords generally come and check how many kids you have, or that you need to report each birth to your landlord.

Maybe some landlords notice and turn a blind eye.
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Raisin




 
 
    
 

Post Mon, Jul 01 2019, 1:49 pm
dankbar wrote:
80 sq feet per person is a minimal amount I hope families of ten are not pushing into 800 sq feet apartments.

Usually you need separate bedrooms with windows, for each gender, to receive Section 8.
To foster special needs children in city housing also have laws that special needs child has to be in a bedroom of his own etc.


I've heard any fostor child needs their own bedroom. A sensible rule but one that probably makes finding foster homes in NYC very difficult.
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dankbar




 
 
    
 

Post Mon, Jul 01 2019, 2:01 pm
The families I know who had couple of children in one bedroom apts, had all kids sleeping in dining room & parents got the bedroom
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