Introduction

The Fair Housing Act (FHA) is a vital piece of legislation designed to ensure equal housing opportunities for everyone in the United States. In this blog post, we’ll delve into a pressing issue faced by homeowners associations (HOAs): the potential violation of the FHA through certain amendments. Specifically, we’ll explore how occupancy limits, as stipulated in one such amendment, might inadvertently run afoul of the FHA’s provisions. It’s crucial to understand the implications, the FHA’s stance on familial status protection, and the need for legal guidance when navigating the intersection of community rules and fair housing laws.

Understanding the HOA Amendment

In many planned communities and neighborhoods governed by HOAs, residents must adhere to a set of rules and regulations, often outlined in the association’s covenants, conditions, and restrictions (CC&Rs). These rules are meant to maintain the community’s aesthetics, safety, and overall quality of life. However, certain amendments to these rules can raise concerns, particularly when they involve occupancy limits.

The amendment in question imposes occupancy limits on all dwellings within the HOA, including owner-occupied homes. It specifies a maximum number of occupants based on the number of bedrooms in the dwelling as originally constructed.

Familial Status and the FHA

To understand why this amendment is potentially problematic, it’s crucial to grasp the concept of “familial status” under the FHA. Familial status protection includes families with children under the age of 18, and it prohibits discrimination against them. Importantly, the FHA generally does not restrict the number of occupants in owner-occupied dwellings with four or fewer units. This exemption is meant to ensure that families with children are not unfairly limited in their housing choices.

Potential Violations

The concern with the HOA amendment lies in its application. If it imposes occupancy limits on owner-occupied properties without valid, non-discriminatory reasons, it may violate the FHA. Such restrictions could inadvertently discriminate against families with children, effectively limiting their housing options within the community.

Conclusion

In the pursuit of maintaining orderly and harmonious communities, it’s essential to ensure that HOA amendments do not inadvertently violate fair housing laws like the FHA. All residents should be treated fairly and equally, regardless of their familial status. By carefully reviewing and, if necessary, amending these rules with the guidance of legal professionals, HOAs can strike a balance between maintaining community standards and upholding fair housing principles. In doing so, they contribute to the broader mission of ensuring equitable housing opportunities for all.

8.2. Number of Occupants.
(a) The maximum number of occupants in a dwelling on a Lot shall be limited
to two (2) people per bedroom in the dwelling as originally constructed.