Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment
My question involves landlord-tenant law in the State of: - Austin, Texas
Hopefully, someone who knows real estate law in Austin, TX can help with this. HUD prohibits discrimination against parents with children being charged extra rent for having a child if I am not mistaken and I could have that wrong. However, I just read that Austin has protections for married couples as tenants. Can a landlord increase the rent on a one-bedroom apartment because a married couple is renting the apartment as opposed to a single person renting the apartment?
Re: Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment
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Jean5720
Can a landlord increase the rent on a one-bedroom apartment because a married couple is renting the apartment as opposed to a single person renting the apartment?
As asked, the only answer that can be given is "yes."
That may change if you provide details about how it is happening to you.
Re: Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment
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adjusterjack
As asked, the only answer that can be given is "yes."
That may change if you provide details about how it is happening to you.
I should have worded this differently. Instead of increasing the "rent" the landlord is charging a "fee" for the second person. So in the lease, rent for a one-bedroom apartment is for argument's sake $1000 per month. If you have more than one person, an occupancy fee is then supposed to be paid monthly. The lease only states an occupancy fee of $150.00 not a monthly occupancy fee, just an occupancy fee of $150. It does not state what the occupancy fee is for. It does not say if it is a one time fee or monthly. I am trying to figure out why a landlord would write a lease this way instead of just making the rent $1150.00 in the lease. Why an occupancy fee? If the second person only spends a few months a year in the apartment is the occupancy fee only due when the second person is in the apartment? Austin is supposed to have some tighter protections for married tenants and I am trying to figure out what that means and why someone would want to write a lease this way. Both husband and wife are on the lease. The leasing office is calling the occupancy fee monthly rent, but that is not what the lease says. Legally, what is the difference between a fee and rent?
Re: Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment
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Jean5720
I should have worded this differently. Instead of increasing the "rent" the landlord is charging a "fee" for the second person. So in the lease, rent for a one-bedroom apartment is for argument's sake $1000 per month. If you have more than one person, an occupancy fee is then supposed to be paid monthly.
While it's true that Fair Housing Laws prohibit discriminating against families with children, charging extra based on the number of people (young or old) is not discrimination.
Saying "You're married, you pay $1150" or "You're single, you pay $1000" would certainly be illegal under Austin's Housing Ordinance. An occupancy fee treats everybody equally regardless of marital status.
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Jean5720
Austin is supposed to have some tighter protections for married tenants
Not really. It just adds married people as a protected class.
The key sections of the Housing Ordinance are 5-1-51 (A) and (B):
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(A) A person may not refuse to sell or rent a dwelling to a person who has made a bona fide offer; refuse to negotiate for the sale or rental of a dwelling; or otherwise make unavailable or deny to a dwelling to any person 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.
(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.
The occupancy fee is not based on any of those protected classes, it's based on the number of people (young or old) living in the apartment who may contribute to wear and tear or maintenance costs. Two unmarried, unrelated people would be charged the same fee as a married couple. A married couple with 3 children would be charged the same as 5 people of any type.
Here's a link to the Housing Ordinance:
https://library.municode.com/tx/aust...CIRI_CH5-1HODI
If you have trouble with that link, go to this one:
https://www.austintexas.gov/departme...discrimination
And scroll down to Fair Housing Ordinance and click on the link provided.
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Jean5720
The lease only states an occupancy fee of $150.00 not a monthly occupancy fee, just an occupancy fee of $150. It does not state what the occupancy fee is for.
Well, it kinda does. It's an occupancy fee. That's what it's for, occupancy.
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Jean5720
It does not say if it is a one time fee or monthly. The leasing office is calling the occupancy fee monthly rent, but that is not what the lease says.
To address that issue I would have to see the lease.
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Jean5720
Legally, what is the difference between a fee and rent?
A fee is generally a one time thing. Like a pet fee is paid at the beginning of the tenancy while pet rent is monthly.
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Jean5720
If the second person only spends a few months a year in the apartment is the occupancy fee only due when the second person is in the apartment? Both husband and wife are on the lease.
If it's a one time fee and both people are on the lease, then it's paid up front regardless of how much time the second person spends in the apartment.
If you want to make an issue about whether it's a one time fee or monthly rent you can file a complaint with the Austin Fair Housing Department.
Re: Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment
There isn't anything wrong with a landlord charging an occupancy fee. Unless the second person isn't going to take a shower or use the bathroom.
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Who'sThatGuy
There isn't anything wrong with a landlord charging an occupancy fee. Unless the second person isn't going to take a shower or use the bathroom.
If I understand the previous very helpful answers, charging a one-time occupancy fee is not a problem and I agree. However, the landlord is charging an occupancy fee monthly as rent which is a violation of the Austin Fair Housing statutes. As previously stated, a fee is a one time charge. An occupancy fee charged monthly is increased rent and that is wrong per Austin Fair Housing regulations.
Re: Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment
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Jean5720
If I understand the previous very helpful answers, charging a one-time occupancy fee is not a problem and I agree. However, the landlord is charging an occupancy fee monthly as rent which is a violation of the Austin Fair Housing statutes. As previously stated, a fee is a one time charge. An occupancy fee charged monthly is increased rent and that is wrong per Austin Fair Housing regulations.
But that rent may include water which may only be calculated for one person into the rent of $1,000. Another person is going to use more water increasing the landlords utility bill per month. And that's not to say if heat and or electric is included in the rent.
Re: Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment
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Who'sThatGuy
But that rent may include water which may only be calculated for one person into the rent of $1,000. Another person is going to use more water increasing the landlords utility bill per month. And that's not to say if heat and or electric is included in the rent.
I understand the landlord's cost. However, if I understand this situation legally if you charge a single person $1000.00 per month for a one-bedroom apartment under the Austin Fair Housing Act you cannot charge a married couple $1150.00 for rent for the same apartment. That is what this landlord is doing. By adding a monthly "occupancy" fee which is essentially increasing the monthly rent without calling it rent the landlord is trying to circumvent violating the Fair Housing Act by calling the increased rent an occupancy fee. The occupancy fee on the lease is only written as a fee, not a monthly fee, just a fee, like you, would pay a $250 pet fee once and then pet rent every month. Essentially, the landlord is charging "spouse" rent, not a one-time occupancy fee. Additional rent for a spouse, I believe, is illegal in Austin. Legal probably in other locals, but not under the Austin Fair Housing Act. In the lease, the occupancy fee is listed in the section under fees, like a fee to obtain a duplicate key or a replacement garage door opener. When the rent bill comes the occupancy fee is added to monthly rent and in this example is billed at $1150.00 per month rent. Not the $1000 rent for a single person. If the landlord can legally charge more for a second person, why not just increase the rent and not play this game with an occupancy fee which is not a one time fee. I believe the reply discussing the Austin Fair Housing got to the root of the matter. I can understand charging more for 2 people if utilities are included in the rent, but the Austin Fair Housing Act would make that difficult when the folks are married and you charge a single person less in rent.
Re: Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment
The LL isn't charging more for rent for married renters. He is charging more for 2 renters which is legal.
Re: Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment
Then why is the LL even messing with an occupancy fee? Why isn't the LL making a rent schedule based on the number of renters? One person in the apartment is $1000. Two people $1150. Why have a base rent plus an occupancy fee?
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.
Re: Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment
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adjusterjack
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.
Re: Landlord Charging Extra Person Fee to Married Couple in One Bdrm Apartment
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Jean5720
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):
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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.