The Golden Girls Act

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Summary

The Golden Girls Act protects the right of individuals to control their household. It affirms the right of property owners to make peaceful and productive use of their property. Many Americans have and need roommates, particularly as housing costs rise and availability doesn’t keep up. One way states can protect property rights and address the housing crisis is by ensuring roommate occupancy limits are designed to protect health and safety—and don’t arbitrarily ban unrelated roommates. From first-time homebuyers who need help with the mortgage to elderly individuals who need assistance at home, having roommates is not just beneficial, it can be essential. This act protects property rights by ensuring that government does not restrict occupancy beyond demonstrably necessary and narrowly tailored legitimate health and safety standards.

The Golden Girls Act

Section 1: Occupancy Limits and the Increased Availability of Housing 

The General Assembly finds and declares that occupancy limits and the increased availability of housing are matters of mixed statewide and local concern. 

Section 2: Health and Safety Limits on Occupancy 

  • (a) Government shall not limit the number of people who may live together in a single dwelling based on familial or relationship status. 
  • (b) Local governments retain the authority to implement residential occupancy limits only when demonstrably necessary and narrowly tailored to meet health and safety standards, such as international building code standards, fire code regulations, or department of public health and environment wastewater and water quality standards. 
  • (c) This section does not apply to a restrictive covenant entered into between private parties, unless the implementation or adoption of the restrictive covenant was required by a governmental entity.