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Sunday, July 27, 2008
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How many adults are allowed to reside in a single-family home? I sometimes see up to nine people living in one and wonder if this is allowed.

So not all of us believe in the motto, “The more, the merrier.” Perhaps at gatherings, but not so much in our neighborhoods.
First, let’s define what a “single-family home” is. The term does not refer to the number of families residing within a home. Rather, a single-family dwelling is a discrete, single house located on a lot, as defined by city of Napa Code Enforcement Officer Jane Thomson.

Steve Cogswell, director of Fair Housing Napa Valley, confirms this definition by saying a single-family home is one that stands alone. Thomson says that when a second kitchen is added to a residential structure, the unit is then considered a second dwelling.
Shared housing can fall under different categories. Group residential is one in which people share a home without separate cooking and bathroom facilities.

In single-room occupancy situations, no more than two people should share a room. Single rooms can have a bathroom or limited cooking facilities.
With room and board, a person can rent a room and must be fed. In these situations, units tend to be owner-occupied.

Sometimes, there is no distinction between the categories and all fall under the umbrella term of “shared living,” further blurring the lines on the rules of occupancy.

Whether a home’s occupants rent or own a home doesn’t matter much when it comes to determining how many people are allowed to live there. “There’s no way we can tell someone how many people constitute a family,” says Thomson.

What if the home is a rental and the apartment manager, landlord or owner doesn’t want more than a certain number of people to live in the home?

Cogswell says there is a guideline called the “two plus one rule.” This rule states that a landlord must a allow a minimum of two people per bedroom per home, plus one (person) more, to live in the home. For example, if you have a two-bedroom home, at least five people should be allowed to live in the home. Again, this is the minimum number of people allowed to live here. This rule is in effect so as to not discriminate against larger families.

In a situation where a home is obviously too small or dangerous for a certain number of residents to live in, the city can deem it “inhabitable” and prevent a certain number of people from living there.

According to Thomson and Cogswell, there is no real way to regulate whether too many people are living in one home. Thomson said she fields complaints on this, but said many of her callers are less worried about inhabitants than about “too many cars parked on the street.”

She said that though this may be a nuisance to neighbors, as long as the cars are operable and the drivers are licensed, nothing can really be done to stop them from parking where they choose (assuming no parking laws are being violated, that is). Thomson said there is nothing on the books describing a maximum number of occupants allowed in a home.

Cogswell said that if tenants add adults without the landlord’s permission, then the residents can get into trouble. He adds, “If people complain (about too many people living in a house), the problem has to be specific, like it being a ‘party house.’”

I guess I’m safe! I never have parties. Sigh.

What is Glad You Asked?

Glad You Asked attempts to answer readers’ questions. Have them crowding your mind? Send them to me at dmontanez@napanews.com or call me at 256-2224.
9 comment(s)

skippert wrote on Jul 25, 2008 7:44 AM:

" It is amazing to me how you will allow people to live this way. Why is there a minimum but no maximum. This is an outdated rule. Needs to be re- evaluated at least for Napa. "

BD4 wrote on Jul 26, 2008 9:17 AM:

" Most rental/lease agreements have a space for the landlord to specifically state how many occupants can live there.

What if the occupants breach this number? I assume the landlord can request the over the limit occupants leave or he can evict all of the occupants.

Is this not true? "

707jng wrote on Jul 28, 2008 3:21 PM:

" My landlord made it a part of my lease that I'm the only person that can live there and he also made a clause about my pets as well. He documented names and breeds too.
in a rental situation the land lord can pretty much put anything within limits of CA Civil codes in his contracts.
If you breach that contract I believe they can sue you in Civil court or they will have authority to evict everyone from the property. Not too sure how that works.... "

marine1/1 wrote on Jul 29, 2008 9:52 AM:

" We have a family up the street that has close to 14 or so people living in the house with 6-10 car parked all over the place and the county won't even speak to them.I know there are people living in the garage and they recently did a over a weekend add on which I'm sure they didn't get a permit for. With that many kids and adults in a 3/1.5 situation, I don't think it is very sanitary but then again,I don't live there. "

glenroy wrote on Jul 30, 2008 2:18 PM:

" BD4.…that’s true as long as it’s written in black and white…but try and get a judge in this town to evict a tenant that is current on rent. I got out the residential business several years ago because of this exact problem of too many people moving in after the fact…

Don’t get me wrong, it’s tough for those who are just trying to put a roof over their head, more than a few landlords squeeze every last dime out of their tenants and can care less how intrusive their investment may be on the neighbors…I sleep much better these days. "

leavintown wrote on Jul 30, 2008 3:56 PM:

" We all know the reason why Napa can't do anything about 10 people living in a 2 bedroom house. I better not say it though, the NVR will delete this comment too. Discrimination, yeah right. "

leavintown wrote on Jul 30, 2008 3:57 PM:

" Let's just call it seasonal housing. "

cathyodom wrote on Aug 1, 2008 10:22 AM:

" There should be a law prohibiting 14 people living in a 3 bedroom house! Way too much traffic, cars, and strain on the neighborhood. At least there's laws for garage conversions into bedrooms, right? "

areyoubitter wrote on Dec 1, 2008 9:52 AM:

" There should be a laws to protect this issue. People can not run hotels out of there homes...why can some pack their homes this way for $...to pay for it?!
The cars from my neighbor are sickning. He buys and sells them auctioned and why is this legal? Its not! Neither is he!
Napa laws are not helping Keep napa anything! "

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