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February 11, 2011

Q
We operate a project containing 12 single occupancy units for disabled persons. One of our tenants has asked if she were to get married would she be allowed to have her husband move in with her in the single occupancy unit. Assuming he is also disabled would we have to permit this.
A

It really depends on what your Tenant Selection Plan says.

Per HUD Handbook 4350.3 REV 1 Chg 3. Section 3-23 E. "Owners have discretion in developing occupancy policies that meet the needs of the specific property. HUD does not prescribe specific policies owners must implement but provides guidelines owners must follow when developing written occupancy standards....Generally a two-persons-per-bedroom standard is acceptable. An owner may establish a different standard for assigning unit size based on specific characteristics of the property (e.g., some bedrooms are too small for two persons)."

Posted by: Dennis Harrison

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