Green Cay Village News -- News for ALL Green Cay Village Residents

Text Size  A A A    Print  

Home  Contact       
alt=" "
Green Cay Village
Boynton Beach, Fl
alt=" "
Green Cay Village


Community Pride
Money Matters
Forms & Docs
Speak Up!


Sales Office
Leasing Office
Property Manager

Mobile Edition


News Article

10/22/2011 - Occupancy Limits

I was concerned about the lack of occupancy limits in our docs and the exposure this creates, for example a homeowner renting their unit for use by 10 or 20 people.

My thought was that an amendment to our docs was needed e.g. 2 people per bedroom per the HUD Notice of Statement of Policy FR Doc. 98–33568.

However, while researching the matter further, I found that our Palm Beach County Property Maintenance Code has our back.

Section 14-44 (c) Occupancy Limitations - Area for sleeping purposes: Every habitable room used for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.

Doing the math, this works out just fine for us per the table below.

Townhome Models Bedroom 1 Bedroom 2 Bedroom 3 Maximum
    Islander 178 ft2 = 3P 126 ft2 = 2P 056 ft2 = 0P 5 People
    Villager 168 ft2 = 3P 102 ft2 = 2P 102 ft2 = 2P 7 People
Condo Models        
    Royal Poinciana 144 ft2 = 2P 105 ft2 = 2P NA 4 People
    Laurel Oak 107 ft2 = 2P 105 ft2 = 2P NA 4 People
    Grand Cypress 150 ft2 = 3P 105 ft2 = 2P 100 ft2 = 2P 7 People

Enforcement is handled by the Palm Beach County Code Enforcement Division and can be reported by anyone by filing a complaint.

Bottom line, I think we have a strong occupancy posture due to the Palm Beach County Property Maintenance Code.

History - The Fair Housing Act prohibits discrimination in the sale, rental, financing or advertising of dwellings based on race, color, religion, sex, or familial status. It also provides that nothing in the Act limits the application of reasonable State or Federal regulations on the maximum number of occupants permitted to occupy a dwelling.

However, there were no set standards or guidance as to what occupancy restrictions were reasonable under the Fair Housing Act.

In 1991 HUD General Council Frank Keating wrote an internal memorandum which has become known as the Keating Memo. It stated that an occupancy standard of 2 persons per bedroom will generally be considered reasonable under the Fair Housing Act. It addresses the issue of occupancy standards as a pretext for familial status discrimination. He stated that this policy was rebuttable and that HUD officials should use other standards as well.

In December 1998 HUD introduced other factors that investigators could use, such as, design and size of rooms, ages of children, and state and local ordinances concerning occupancy.

In 1998, Congress passed the Quality Housing and Work Responsibility Act which drove HUD to publicly adopt the Keating Memo. Section 589 says that the memo should be HUD’s official occupancy standard.

Peter Schulz - Editor - Email TC

Board Members
Handy Man
Lease Your Home

Hurricane Info
Hurricane Tracking
County Guide
Supplies Checklist
County Shelters
Village Guide
Hurricane Shutters
Sewer System
Powered Locations
Gas Stations

Publix Stores
Home Depot

alt=" "
Safe - Civil - Clean - Well Maintained - Pleasant - Affordable
2007-2017 by Peter Schulz

Disclaimer     Privacy Statement     Site Map

Home  Contact