Quote Quoting Who'sThatGuy
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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.