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• Occupancy Limits <br />Many cities have ordinances that regulate the number of people who are able to live in <br />residential units. These ordinances are often based on allotting a certain amount of square <br />feet of livable space needed per person residing in the unit. 23 Issues may arise if these <br />occupancy limits disparately affect families with children, or other protected classes under <br />the Fair Housing Act. <br />believes that an <br />There is no hardline rule regarding what <br />are acceptable occupancy limits. Probably <br />the best-known guidance is the "Keating <br />Memo," issued by HUD's General Counsel, <br />Frank Keating, in 1991, and later adopted <br />by HUD as noticed in the Federal Register, <br />Dec. 22, 1998. In that memo, Mr. Keating <br />wrote, "Specifically, the Department <br />occupancy policy of two persons in a bedroom, as a general rule, is <br />reasonable under the Fair Housing Act." But, it was noted, a number of factors could justify <br />deviating from that general rule. The size of the bedrooms, the ages of children, and <br />configuration of the unit could all be relevant. <br />Cities should be aware if they have occupancy limits in their city codes, and if so, if the code <br />follows the guidance in the Keating memo. Cities are also encouraged to examine whether <br />it is clear that reasonable accommodations can be made to occupancy limits if needed. <br />zs See, for example, City of Richfield's Occupancy Limits, Richfield City Code, <br />https://library.municode.com/mn/richfield/codes/code_of_ordinances?nodeld=CH IVBU HOCORE_S405HOCO_405. <br />15MISPUSLORE <br />33 <br />