Oct 24

A reader asks:  I have a one bedroom unit that a family of four has applied for.  Do I have to accept them?

It depends on the local housing code.  If the housing code does not permit the number of occupants, then Wisconsin Fair Housing does not require you to accept them.  The law is:

106.50(5m)(e) It is not discrimination based on family status to comply with any reasonable federal, state or local government restrictions relating to the maximum number of occupants permitted to occupy a dwelling unit.

In the city of Milwaukee occupancy standards are in Chapter 275-44  A one room unit is limited to two people.  For units with two or more habitable rooms, rooms of 70-100 square feet are limited to one person and rooms of 100 or more feet are limited to two each. Remember that the age of the person is not a factor so kids count the same as grown ups.  Remember too that the code is for  “habitable rooms” not specifically  bedrooms.

A landlord may also have their own standards, but that is a lot more dicey.

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