how to feel out a co-op board about occupancy restriction?

March 22, 2018 7:19 AM

We're looking at a 2-bedroom co-op in NYC whose application says that the apartment is restricted to three people. We're planning to have at least two children, so we'd like permission for four people to live there. What would be the best way to feel out the co-op board about this?

We basically can't tell if "3 people max" means, "Just don't try to run a boarding house in here," or if it means "These fine gentlemen will come one day to remonstrate with you and your pregnant wife and your 2 year old until you volunteer to vacate the premises."

My expectation is that as long as we pay our maintenance on time and don't make trouble otherwise, nobody is going to bother us about the extra kid, especially if it's only for a couple of years until we start trying for a third. My fiancee currently doesn't want to move in without written permission from the board, although I'm hoping to talk her down from that.

What does the hive mind think? Am I off base? Co-ops are crazy.

posted by meaty shoe puppet to Home & Garden (5 answers total)

this NYT article is more than twenty years old but i suspect the situation hasn't changed much. the specifics about 'what constitutes an adult' for number of people per bedroom seem relevant and would be worth checking into to see if it's still the case:

The New York City Administrative Code requires 80 square feet per person, and the New York State Multiple Dwelling Law declares that no room shall be occupied for sleeping purposes by more than 2 adults. Children 12 and older are considered adults; two children ages 2 to 11 count as one adult; children under 2 are not counted.
posted by noloveforned at 7:38 AM on March 22, 2018 [2 favorites]

NYC Co-ops are crazy

BUT

good luck them trying to enforce your spawning. Seriously.

Here's the relevant co-operator article, addressing exactly your point

posted by lalochezia at 7:59 AM on March 22, 2018 [1 favorite]

Co-ops are crazy, but the occupancy guidelines are usually designed to deter you from taking in 20 boarders, not from having kids. I've never heard of a co-op even trying to sue someone for having too many kids. There would have to be some extraordinary circumstance to set that off (or actual violation of the housing code occupancy limits). "Co-op board tries to evict over couple's sweet tiny little angel-baby" is not going to be good publicity.
posted by praemunire at 11:10 AM on March 22, 2018 [2 favorites]

Data point that may be irrelevant. I was denied a two-bedroom apartment when I was married, had one child, and was pregnant with a second. They said we were required to have a three-bedroom apartment with that number of people (which we couldn't afford). This was almost forty years ago and in Missouri, so YMMV.
posted by FencingGal at 11:20 AM on March 22, 2018

In 1988 the Fair Housing Act made familial status (children and pregnancy) in sale or rent of housing a protected class.

There’s a good chance that coop rule predates 1988 and is now illegal. Lots of condos and coops don’t keep their rules updated to match newer laws.

Here’s a decent article about Familial Status Discrimination.

A real estate agent can probably give you a decent overview but a call to a real estate attorney will probably clarify the law for your area.

I think the coop would fare poorly if they attempted to enforce this.
posted by littlewater at 4:17 PM on March 22, 2018