Increase in Household Size Question

Question: The largest unit size at my property is a 2 bedroom with an occupancy standard of 2-4 people, as discussed in our Tenant Selection Plan. I have a family that was 4 members when they moved in. However, the family has since increased by 2 more members, for a household size that now totals 6 people in a 2 bedroom unit. Should I now evict this household for surpassing the occupancy standards for my property? Jasmine – Pennsylvania

Answer: Based solely on the information you provided in your question, the answer is no. Per Section 3-23 H of HUD Handbook 4350.3, Rev-1, Change 4, “After a family moves into a unit, the unit may become overcrowded or underutilized due to a change in family size. The owner may require the family to move to a unit of appropriate size. If a unit of appropriate size is not available, the owner must not evict the family and must not increase the family’s rent to the market rent.”

Keep in mind, occupancy standards apply when selecting the applicant, prior to move in. If a household grows in number, once they are “in-place” residents, you can require they transfer to a larger unit size, if one is available. If the household refuses the available transfer, the owner is permitted to charge them market rent for their current unit. If they already reside in the largest available unit, local code enforcement (not HUD guidelines) may play a role in determining what legal action may follow. PMCS recommends that you consult with your legal representation if this situation becomes a code enforcement issue.