Can I refuse to rent my spare room to certain people if I live there too?
Quick Summary
Yes, you are likely allowed to choose your roommate because you are an owner-occupant renting out a room in your own home. Under federal law, certain private homeowners are exempt from many standard fair housing rules.
The situation
I live in a small house in Ohio and I have been renting out one of the extra bedrooms to help cover my monthly mortgage payments. I currently only own this one house, and I live in one of the rooms myself, so I am definitely not a professional landlord or a real estate business. I have been doing this for about eighteen months now. Recently, a potential tenant reached out to me through a local community board, and during our initial conversation, it became clear that they wouldn't be a good fit for my household dynamic. I want to be able to choose who I live with to ensure my own comfort and safety in my home, but I am worried about whether I am breaking any housing laws by being selective about who I let move into my personal residence. I have already looked at some general rental guidelines online, but everything is so confusing regarding private homeowners. Am I legally allowed to decline a renter for a room in my own home if I am an owner-occupant and it is just a single-family house, or am I held to the same strict rules as a large apartment complex?
Detailed Analysis
Based on the facts provided, you appear to qualify for an exemption from the Fair Housing Act's standard anti-discrimination rules. Because you live in the house you are renting out, you fall under a specific category of protected private housing.
The law provides an exemption for "any single-family house sold or rented by an owner"[1], provided that the owner does not own more than three such houses at one time[1]. Since you stated you only own this one house, you meet this requirement. Additionally, the law exempts "rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families, if the owner actually maintains and occupies one of such living quarters as his residence"[1]. This means that because you are living in the home while renting out a room, you have more freedom to select a tenant who fits your household dynamic than a large apartment complex would.
However, there are strict conditions to maintain this exemption. You must not be "in the business of selling or renting dwellings"[1]. The law defines being in the business as someone who has participated in three or more such transactions within the last twelve months[1]. Since you have only been doing this for eighteen months and appear to be doing it to cover mortgage payments rather than as a professional business, you likely remain exempt.
One important limitation is that while you are exempt from many rules, you are still prohibited from certain types of discriminatory advertising[1]. You must ensure that any notice or advertisement you post does not violate the law's rules regarding discriminatory language.
Statutory Citations
Legal Citation: Fair Housing Act § 42 U.S.C. § 3603 — Effective dates of certain prohibitions
"any single-family house sold or rented by an owner: Provided , That such private individual owner does not own more than three such single-family houses at any one time"View Official Legislation →
Legal Citation: Fair Housing Act § 42 U.S.C. § 3603 — Effective dates of certain prohibitions
"rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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