Quote Quoting Jean5720
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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.

Quote Quoting Jean5720
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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):

(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.

Quote Quoting Jean5720
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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.

Quote Quoting Jean5720
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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.

Quote Quoting Jean5720
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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.

Quote Quoting Jean5720
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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.