A change in family size lets the owner require a move to an appropriate-size unit, but never permits eviction for refusing, nor a market rent where no such unit is available

s8.unit_transfer.change_in_family_size_after_initial_occupancy · v1.0.0

After a family moves in, the unit may become overcrowded or underutilised because family size changed. In rental properties 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. If a family refuses to move to the correct size unit, the family may stay in the current unit and pay the market rent; the owner must not evict the tenant for refusing to move, but may evict the family if it fails to pay the market rent in accordance with the lease. In a subsidized housing cooperative where the member receives assistance under an assistance contract, the cooperative must, when an appropriately sized unit becomes available, require an over-housed member either to transfer and continue to receive assistance or to remain and pay a higher carrying charge, and the choice remains with the member. Owners compare family composition to their occupancy standards whenever family size changes, to determine whether the family needs to transfer. Where a family is in an accessible unit and no longer needs the accessible features the owner may request a move to another unit, but that request is enforceable only if the lease so provides.

Confidence

high

Effective from

2013-08-07

Consequence model

agency finding with cure

Last reviewed

2026-09-01