Occupancy limits for Non-Related Persons

My HOA states that only two related persons may occupy a room . My unit is approximately 1600sq feet with a loft and two bedroom clearly big enough for more than two un-related persons

My question is that is it legal for them to to place restrictions based on blood relation? (Ny State)

Two bedrooms plus one loft equals three rooms. Two per room equals six. That's plenty for 1600 square feet.

But if they are not related then there are no restrictions, right?

Who comes in and counts?

On a more serious note, a few years back several Arizona apartment complexes got nailed under the Fair Housing act. The complexes would refuse to rent 2-bedroom units to families with both boys and girls, insisting that they had to rent a three-bedroom apartment so the boys and girls were not sleeping in the same rooms. Three-bedroom apartments are pretty scarce around here and HUD determined it was just a pretext to keep families with children out of apartments.

I looked at the Documents that they provided. The Overall governing rules define what is "same family" which seems fishy to me... i copied what it states below:

(1) Be used for residential purposes only

(2) resided in by not more persons (including children) than two (2) times the number of bedrooms in the unit except that this shall not apply to persons who have a child after they have taken occupancy; and

(3) if resided in by three (3) or more persons (including children), such persons shall be members of the same family (or if the unit owner or lessee is in a partnership, a corporation or a trust, members of the family of a partner, director shareholder or employee of the corporation of the beneficiary of the trust as the case may be). "same family" shall be defined as persons related to another as husband, wife, mother, father, sister, brother , stepsister, stepbrother, daughter, son, stepdaughter, stepson; together with their children. This restriction requiring three or more residents to be members of the same family may be waived by the written consent obtained from the board of managers prior to occupancy

Just try this Go to a homeless shelter which is a huge room and see if they divided up the place by even simple dividers and count their occupancy spaces you'll find out the law in ambiguous in this area what is a normal space for rooms.

Sure a house can have 4 bed rooms like mine does, but the loft and basement and first floor we live like illegal Mexicans. try placing 10 human beings in a 4 bedroom house of 3000 sqr ft in just 4 so called bedrooms. you make room, there your go 2 people can occupy a room, lets see so times each of your rooms by 2, my house has 10 rooms in the 2 upper floors so we can have 20 human beings living here by your HOA standards not including the basement spaces.

Go get a life and stop worrying about others.

I disagree, no court will try to enforce that blood related BS stance in writings never ever ever. your only defense if Cars parking in the lot owners place, period. that you can enforce but then you have to enact parking restrictions just after one family lot owner and end up with more then you want to control.

besides with this economy you should be happy everyone's getting along or does that one family you have issues with is say a certain race??? just asking might explain this stupid frustration over just 1 family lot owner. who cares really who cares are they paying their HOA dues or do you want dues based off how many in a house???

Steven, what is it you want to do? Rent rooms? Live with a domestic partner? Something else?

NY law prohibits discrimination in housing based on marital status, sexual orientation, familial status, and some other things. Your provision sounds like it bumps up against that law, depending on what you want.

Doesn't the whole asking for consent from the board leave a large room for them to discriminate against people that they don't want in their community as well?