Key Takeaways:

- HOAs cannot discriminate against college students based solely on their student status, as it would violate federal fair housing laws.
- HOAs can impose occupancy limits based on square footage, but these rules must be reasonable and applied equally to all residents.
- The Fair Housing Act prohibits discrimination based on familial status, and college students cannot be unfairly restricted unless there are valid reasons such as safety or zoning laws.
- Rental limits and lease agreements can be enforced by HOAs, but must comply with state and federal laws, ensuring fair housing practices.
- Homeowners facing discriminatory HOA policies can consult an HOA attorney to resolve disputes and ensure their rights are protected.

In California, as in many other states, Homeowners Associations (HOAs) are responsible for enforcing rules and maintaining community standards within their neighborhoods. One issue that often comes up is whether HOAs can legally restrict or ban college students from living in their communities. This question is particularly relevant in areas with large student populations, such as near universities and colleges.

At LS Carlson Law, we specialize in helping homeowners navigate HOA disputes and understand their rights when it comes to occupancy restrictions. Our team of expert attorneys is committed to ensuring homeowners are well-informed and protected when facing unfair housing practices or discriminatory policies. If you are a homeowner facing issues with HOA rental limits or disputes over college student residents, we are here to help you understand your rights and find the best legal solutions.

Can HOAs Prohibit College Students from Living in Their Communities?

The short answer is: HOAs cannot outright prohibit college students from living in their communities based on their student status alone, as that would likely violate federal fair housing laws. However, HOAs can impose certain occupancy restrictions or rental limits that affect how many unrelated people can live together in a given unit, which might indirectly limit the number of college students living in a rental property.

The Fair Housing Act and Familial Status

Under the Fair Housing Act (FHA), which is a federal law, discrimination based on familial status is prohibited. This means that HOAs cannot prevent college students (who are often considered unrelated individuals) from living in a rental property unless there is a valid reason for doing so, such as non-compliance with local zoning laws or occupancy standards.

Familial status refers to the presence of children under the age of 18 in a household. However, even though college students are not typically considered under the umbrella of familial status, HOAs must be careful not to enact policies that could lead to discriminatory practices under the FHA, especially if such policies have a disparate impact on students or other protected groups.

Occupancy Restrictions and Local Laws

While HOAs can impose occupancy limits to ensure that properties do not exceed the maximum number of residents allowed under local building codes or zoning laws, these restrictions cannot be applied in a way that unfairly targets college students or any other specific group.

- Local occupancy limits are typically based on the square footage of the property and are meant to ensure the safety and livability of the space. For instance, a rental property might be allowed to have no more than two unrelated people per bedroom, but this rule applies to all renters, not just college students.
- Zoning laws may also restrict the number of unrelated individuals who can live together in a single unit. These rules are meant to address safety concerns and prevent overcrowding but must be enforced consistently and fairly across all residents, regardless of whether they are students or not.

HOA Rental Limits and College Students

HOAs can impose rental limits that restrict the number of rental units within a community, the length of time a property can be rented, or even who can rent within the community. These rules can impact college students, particularly those who may be seeking short-term leases during the school year. However, any rental limits must be reasonable and must comply with state and federal housing laws.

For example:

- An HOA may set rules regarding the minimum length of a lease to prevent short-term rentals, such as those lasting less than six months. These rules are typically designed to ensure stability in the community but cannot be used as a tool to specifically target college students who might only need to rent for one academic year.
- HOAs may also have specific guidelines on how properties can be rented out. If the community has a rule that limits the number of rentals in a particular area, it could affect students looking for housing, but the rule must apply to all residents equally.

The Keating Memo and Its Impact

The Keating Memo issued by the U.S. Department of Housing and Urban Development (HUD) provides clarification on the Fair Housing Act and its application to occupancy restrictions. It states that HOAs can set occupancy limits based on square footage, but they cannot discriminate against families or groups of unrelated individuals, including college students, without a justifiable reason. Therefore, any restriction that disproportionately affects college students or limits their ability to find housing in an HOA community could be legally questionable.

What to Do If You Believe Your HOA Is Discriminating Against College Students

If you are a homeowner or tenant and feel that your HOA is unfairly restricting college students or imposing unreasonable occupancy limits, there are steps you can take:

1. Review HOA Rules and Regulations

Start by carefully reviewing the HOA's governing documents, including the CC&Rs (Covenants, Conditions, and Restrictions). Ensure that any occupancy restrictions are in line with local zoning laws and do not discriminate against college students or other protected groups.

2. Consult an HOA Attorney

If you believe that your HOA is violating fair housing laws, it may be time to consult with an experienced HOA attorney. At LS Carlson Law, we specialize in helping homeowners navigate HOA disputes related to occupancy restrictions and other housing issues. Our team can help you understand your rights and guide you through the dispute resolution process.

3. File a Fair Housing Complaint

If you suspect that the HOA's policies are discriminatory, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD investigates fair housing violations, including those involving college students and HOA occupancy restrictions.

Know Your Rights as a Homeowner

While HOAs can set certain rules regarding occupancy restrictions and rental limits, they cannot discriminate against college students or other protected groups. At LS Carlson Law, we help homeowners understand their rights and defend against unfair HOA policies. Whether you are facing discrimination, unreasonable restrictions, or need dispute resolution, we are here to provide expert legal advice and representation.

Contact LS Carlson Law Today – Let Us Help You Protect Your Rights and Navigate Your HOA Disputes!