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Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment

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  • 08-12-2019, 08:22 AM
    adjusterjack
    Re: Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment
    You need to stop asking the same questions over and over. We've already established that an occupancy fee is legal because it is not prohibited under the Austin Fair Housing ordinance and it is not discriminating against a protected class, regardless of how much you wish it so.

    The real issue is whether it's a one time fee or a monthly fee which is strictly a contractual issue and, as I wrote earlier, you are welcome to post a copy of the lease for a comment on that issue.

    Or you can file a complaint with Austin Fair Housing Department.

    Or, you can just not pay it and see how that goes.
  • 08-12-2019, 09:21 AM
    bcr229
    Re: Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment
    Quote:

    Quoting adjusterjack
    View Post
    Or you can file a complaint with Austin Fair Housing Department.

    I would do this while paying the monthly fee. If the apartment management has been adding this fee monthly for all the apartments when they should not have been, perhaps the city can make the complex issue refunds/credit to all the affected tenants.
  • 08-12-2019, 11:45 AM
    searcher99
    Re: Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment
    Quote:

    Quoting Jean5720
    View Post
    Additional rent for a spouse, I believe, is illegal in Austin. Legal probably in other locals, but not under the Austin Fair Housing Act.

    I believe that your premise as stated above is not correct. You should take a look at the wording of the ordinance which was referenced earlier by adjusterjack (bolding added):

    Quote:

    Quoting Austin Texas Code of Ordinances § 5-1-51 (B)
    A person may not discriminate against a person in the terms, conditions, or privileges of sale or rental of a dwelling or in providing services or facilities in connection with the sale or rental, based on race, color, religion, sex, sexual orientation, gender identity, age, familial status, disability, marital status, student status, creed, national origin, or source of income.

    Note that discrimination would be against an individual person regarding his/her marital status, not against a couple. Charging for extra occupants is legal discrimination and simply a way for the building owner to recover costs incurred by more than one occupant. Whether they are platonic, same sex, married, not married or whatever doesn’t really matter.

    Of course you are free to file a complaint but you will need to study the ordinance and state exactly why you think the fee is illegal discrimination according to the ordinance’s language.
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