When a room is so small, the landlord is breaking the law

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CHARLOTTE — Decent affordable housing can be hard to find in the Charlotte area, so some people end up sharing small spaces. But some landlords may be breaking the law if the space is smaller than what the city’s housing code allows.

Jerry McMillian was released from prison about a year and a half ago and has been living in a transitional group home since. He shares a bedroom with another man.

“(I) feel cramped ... like I’m still in prison. You got no privacy or nothing,” McMillian told Action 9′s Jason Stoogenke.

McMillian says his situation is so upsetting that he decided to contact Channel 9. He emailed Stoogenke to see if there are rules about the size of rooms that someone is allowed to rent.

Stoogenke says there are rules inside Charlotte city limits.

Charlotte’s housing code says one person has to have 80 square feet of bedroom space. Two people need to have 100 square feet, and an additional 30 square feet is required for each person beyond that. The code does not apply to children younger than one year.

But the code does not apply to lodging establishments. It’s not clear if the building McMillian lives in qualifies as a lodging establishment. If code enforcement thinks the size of the room is unsafe, it doesn’t matter how many square feet it is or if it’s a lodging establishment — it can still be a code violation.

Stoogenke measured McMillian’s room to see if it’s more than 100 feet. The room measured 9 feet by more than 13 feet, which is more than 117 square feet. That size makes the room legally large enough for two people.

McMillian did not ask code enforcement to check the room because he is planning to move this week.

McMillian’s landlord told Stoogenke he is a contracted housing vendor with Mecklenburg County, so he is “required to enforce strict guidelines to ensure (his) eligibility.”

If you have questions or concerns about where you live, call code enforcement.

(WATCH BELOW: Development for affordable housing near South End runs into setback)

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