# Told we could not rent a 1 bedroom with a child...



## ihugtrees (Oct 16, 2008)

My husband and I are moving into an apartment, and have been told by several different complexes that there is a 'two heartbeats per room' rule in Florida. Further Googling has still left me unclear on this...some say it varies by state, some say it is standard, some say that it is a myth and not a true law, some say the apartment can report you to CPS if they find out you have a child in a 1 bedroom, and still others say it only counts after the baby is 12 months old (ours will be weeks old when we move, and we will be transferred by the military before she is 12 months old). This is absolutely bonkers to me! What I don't understand is, who is to say that I can't use my living room as a 'bedroom' for my baby, or even a bedroom for my husband and I? We are renting an almost 1000 sq foot apartment--the bedroom is 16 ft by 9.5 ft...that is the size of our current two bedrooms put together! Besides, we plan to cosleep whether or not we have two bedrooms...to pay so much more for a second bedroom we won't use is pointless. Can the law actually step in this way?? It seems really creepy and 'big brother' to me. It also seems like it's set up to 1) discourage cosleeping, room sharing, etc and 2) force people to pay higher rents for no reason!!

Does anyone have anything solid I could use to back us up should we choose a place that tries to pull this rule on us, or is it really a law that we have to 'abide by', at least in theory?


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## Just My Opinion (Nov 26, 2008)

I have no idea, but I wanted to commiserate -- we live in central Florida and we were told the same thing







. I am unclear too as to whether or not it is a "real" law or not - but if you are hearing the same exact statement (two heartbeats per room) I would say it may be. I had always thought it was a ridiculous rule/law too. My daughter, who is four in a week, just began sleeping part of the night in her room about 3 months ago. We could have had a one bedroom for five years, easily!









You may have luck renting from a private individual who isn't so stringent.

Sorry mama


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## carmel23 (Jul 21, 2006)

that is frustrating. I believe it depends on the state law. In California, it is 2 persons per bedroom, plus one additional person... So a 1 bedroom would be fine for 2 adults and a baby.

We lived in a one bedroom with our oldest until we discovered we were going to have number 2. It worked out just fine.

Is there a renters' rights agency in your city, or a state organization?

according to this site, this isn't the law:
http://www.evict.com/?page=articles_cathy (scroll down)

TWO PEOPLE PER BEDROOM?
by Cathy L. Lucrezi, Attorney at Law

When it comes to occupancy limits, it is good to follow the HUD regulations. But what, exactly, are those guidelines? Contrary to myth and rumor, the guidelines do not say "two heartbeats per bedroom". Instead, HUD recommends basing an occupancy limit on the number and size of sleeping areas or bedrooms and the overall size of the dwelling unit.

Consider two situations where landlords refused to rent a two-bedroom unit to a family of five, based on a "two people per bedroom" policy. The first family was attempting to rent a unit with two large bedrooms and spacious living areas. The second family was attempting to rent a small unit with two small bedrooms. HUD says the first family likely has a claim for discrimination, while the second does not.

The bottom line? There is no clear cut rule....


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## Birdie B. (Jan 14, 2008)

I really don't know what the law is, sorry for butting in here, but a good friend of mine, single with 2 kids (3 and 6) all lived in a 1-bedroom for a while. THe kids shared the bedroom, she slept on the couch. This is in Tallahassee, so obviously some landlords are okay with it. Maybe you just have to find the right one? good luck!


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## tinyblackdot (Aug 31, 2007)

Quote:


Originally Posted by *Birdie B.* 
I really don't know what the law is, sorry for butting in here, but a good friend of mine, single with 2 kids (3 and 6) all lived in a 1-bedroom for a while. THe kids shared the bedroom, she slept on the couch. This is in Tallahassee, so obviously some landlords are okay with it. Maybe you just have to find the right one? good luck!

I am guessing that law is to keep people from loading up with room mates. Sometimes people will move in with friends, and to keep the bills down they will get like 10 people to room together. All on different shifts and the home is really only to use for sleeping. Anyways.....i am going to assume that the rule has to do with that and no cosleeping.


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## ihugtrees (Oct 16, 2008)

Quote:


Originally Posted by *tinyblackdot* 
I am guessing that law is to keep people from loading up with room mates. Sometimes people will move in with friends, and to keep the bills down they will get like 10 people to room together. All on different shifts and the home is really only to use for sleeping. Anyways.....i am going to assume that the rule has to do with that and no cosleeping.

The leasing consultant actually told us they would not rent to us because I was visibly pregnant. To me, this is almost discrimination! What if I was giving the child up for adoption? Or a surrogate? I shouldn't have to explain myself, right?


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## titania8 (Feb 15, 2007)

Quote:


Originally Posted by *ihugtrees* 
The leasing consultant actually told us they would not rent to us because I was visibly pregnant. To me, this is almost discrimination! What if I was giving the child up for adoption? Or a surrogate? I shouldn't have to explain myself, right?

i wouldn't say its "almost" discrimination---it IS discrimination! i mean, _wow!!_

you might also use the AAP in your favor--don't they now recommend room sharing for the first however many months?

i am just in shock about this--i have never heard it before!! i hope you are able to find someplace!! what a pain to have to deal with this and be so close to having a new baby!


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## tinyblackdot (Aug 31, 2007)

Quote:


Originally Posted by *ihugtrees* 
The leasing consultant actually told us they would not rent to us because I was visibly pregnant. To me, this is almost discrimination! What if I was giving the child up for adoption? Or a surrogate? I shouldn't have to explain myself, right?

Yeah that is horrible. I know pleanty of people that have a 1 bdrm, their children sleep in the bedroom and they sleep on a futon in the living room.

I would call management.


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## AbbieB (Mar 21, 2006)

We are in Pinellas County and currently live in a one bedroom with 2 kids. We are renting a small house from a private individual.

When we decided to downsize I looked into the laws governing this and could not find one law saying that it was illegal.

On the other hand, we had a hard time getting a rental previously because we had kids! The one we finally took needed us to provide all kinds of documentation that the kids were ours (weird!) and was always threatening eviction to residents that had a guest that stayed to long (not us).

I do not remember renting in Florida being this hard 10 years ago.


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## claddaghmom (May 30, 2008)

I looked that up and it (for my state, not sure about FL) says 2 people per every 200 sq ft OR 2 people per room, not counting closets, bathrooms and the kitchen.

So a 1bedroom would allow 4people to stay if it is at least 800sqft. Or 3people if it is at least 600sqft.

Can your partner apply alone?


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## River's mum (Apr 22, 2009)

my dh and I were evicted after ds was born. When we started renting, I was visibly pregnant, but the landlord made us leave within 30 days of birth. We were in a 1 bedroom.


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## emmalizz (Apr 14, 2009)

.


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## JamesMama (Jun 1, 2005)

It's stupid and frustrating but in some places it is the law. My grandma was an apt complex manager in Colorado and she said there was a rule about bedrooms. A family of 3 (or more) could NOT rent a 1 bedroom.


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## grypx831 (May 22, 2005)

Quote:


Originally Posted by *ihugtrees* 
The leasing consultant actually told us they would not rent to us because I was visibly pregnant. To me, this is almost discrimination! What if I was giving the child up for adoption? Or a surrogate? I shouldn't have to explain myself, right?

I'm a leasing consultant and that is a HUGE fair housing violation and you need to report it.


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## chel (Jul 24, 2004)

every time I've rented from an apartment complex, they had the 2people/bedroom rule.
I use to live in a city and that actually had "no more than 2 unrelated people per apartment/house" no matter what the size. targeting college students and illegal workers.


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## TCMoulton (Oct 30, 2003)

Quote:


Originally Posted by *grypx831* 
I'm a leasing consultant and that is a HUGE fair housing violation and you need to report it.

It is probably not a violation if there are two people applying for a one bedroom and the woman is pregnant and they are asking to rent a 1 bedroom apartment. If there is in fact a law that there only be 2 persons per bedroom I would guess that the landlord would not be legally able to rent an apartment to a family that will have 3 persons upon move in when the unit is only rated to house 2 people.


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## luv-my-boys (Dec 8, 2008)

we are military as well and we had to rent a 2bd once due to me having a newborn....yes a NEWBORN!! the 1 and 2 bdrom apts were the same size but obviously the rooms appeared larger in the 1 bdrm. We were told that we couldnt have the 1 bdrm because of *occupency* rules/laws. And that since technically there were 3 people the increase in rent was justified due to increase in electricity/water/sewer usuage....again for a NEWBORN!







:


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## MommytoB (Jan 18, 2006)

Here they say 2 ppl per bedroom rule exception for child if there are two parents in the room. I'm in montana

So sorry for you going through that !


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## Drummer's Wife (Jun 5, 2005)

a few years ago we were able to rent a (crappy) 2 bedroom apartment in CO when we had 3 kids. But our youngest at the time was under the age limit they had set for sharing a room w/parents. I believe it was 18 months and under can share. But really, he was almost 2 when moved into a 3 bedroom so i doubt that particular landlord would have ever kicked us out, even once #4 was born. It's crappy, I know. Bigger families run into the same issue when renting a house. We were very lucky to find a 5 bedroom for a decent price.


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## sapphire_chan (May 2, 2005)

Florida?

They just don't want kids in their apartment building but think a "no children" policy would look bad.

If you were a single mom (so only you and the child in the bedroom--two heartbeats








) they'd come up with some other reason.

Because of a similar thread, I was careful to ask our landlords about this when we rented this place while I was pregnant. To quote the leasing agent "we only care about people over 18".


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## elfimka (Mar 2, 2007)

My contract work deals with Fair Housing. This whole occupancy limit law is fairly new and has a lot of gray areas. So what's happening is that it's up to the apartment complex/landlord on how to read it. I don't know about Florida too much, but MOST of the time in MOST of the states, the baby starts to count to the total number of people after the age of 2.

These people denied you, so screw them, try another apartment complex. Or a private landlord, it's always better that way.

If your feelings are still hurt and you would feel better if the leasing agent gets punished for not leasing to you when you are pregnant, then you could go back and get it from her in writing (that she denied a 1 bedroom just because you are pregnant). And then the Fair Housing will take care of it (she most likely will lose her job after the apartment complex pays a hefty fine). Yes, it was discrimination and you do have the right to live in a 1 bedroom before the baby is born.

Also, this is kind of on the subject, check out www.apartmentratings.com, so you can make sure you live in a decent place.

Good luck to you mama, you'll find a place, don't worry.


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## kcstar (Mar 20, 2009)

In Alabama we were told that a "two heartbeats" rule exists, but that an infant doesn't count until ~12-18 months.


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## Lisa85 (May 22, 2006)

I highly doubt it's anything against cosleeping or the family bed. Here I believe it has something to do with fire code (2ppl/bedroom), but of course apartments are going to use that to their advantage, especially if there are any gray laws. What irritates me is law writers KNOW you cannot leave any gray are in a law or otherwise it's pretty much useless yet they continue to do it anyways.


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## nerdymom (Mar 20, 2008)

I think that's BS. They are trying to maniplulate you into leasing a larger unit. I would go to the legal assistance office on base (most have them) and talk to someone there about this discrimination. They will help you.


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## Areia (Mar 5, 2009)

In Massachusetts, the law states:

"Every dwelling unit shall contain at least 150 square feet of floor space for its first occupant and at least 100 square feet of floor space for each additional occupant. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant."


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## Atticus23123 (5 mo ago)

While it may seem silly and unfair, there are actually laws in place in some states dictating how many people are allowed to live in one bedroom apartments. My grandmother used to manage an apartment complex in Colorado and she told me that there was a rule about bedrooms. A family of 3 (or more) could NOT rent a 1 bedroom.


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