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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102597
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have a rental property and in the process of signing a WV

Customer Question

I have a rental property and in the process of signing a WV Lease agreement.
The Tenants are now stating that they may consider doing foster care for children.
I want to place a limit of children they can house at any one time. I am being told it is illegal for me to do so. Is this true??
Alice McCain
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. This falls under laws of discrimination - specifically family discrimination. Under federal law, landlords cannot turn away potential tenants based on family status (married or single, children or none). However, just because the landlord cannot discriminate against tenants with children does not mean that the landlord has to agree to any number of occupants. A landlord has the right to establish reasonable occupancy standards. Some restrictive occupancy limits have the effect of discriminating against families with children. As a general guideline, any such limit should not be more restrictive than two persons per bedroom, and should consider the size and configuration of rooms and total livable space. A maximum of two persons per bedroom may be unreasonably restrictive depending on all the circumstances viewed as a whole. Rules allowing fewer than two persons per bedroom are presumed unreasonable. So going off that (suggestive) guideline, if there are 4 bedrooms left once the adults are placed, and there are 4 children, then each child gets a bedroom. So assuming 2 children per bedroom, it is possible to accommodate them. HOWEVER, it does depend on the size of the room, etc. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.