Landlord Occupancy Rules: Tenant Limits per Unit

Question

Can a landlord set occupancy limits?

Answer

Landlords often wonder how many people they can lawfully house in a rental unit. Occupancy limits balance tenant safety and habitability with fair housing laws, so understanding federal guidelines and local ordinances helps you set compliant policies.

Key factors in setting occupancy limits include:

Federal “Two‑Plus‑One” Standard:
The U.S. Department of Housing and Urban Development generally presumes occupancy is reasonable when you allow two persons per bedroom plus one additional person. For example, a two‑bedroom unit may house up to five people before raising habitability concerns. This guideline helps landlords avoid discriminating against families with children under the Fair Housing Act (HUD OCC Guideline).
Local and State Rules:
Many states or cities adopt stricter occupancy codes tied to health and safety standards. For instance:
- New York City enforces a minimum of 80 square feet per person in a living room and 120 square feet for two people in a bedroom.
- Los Angeles County sets specific square‑foot thresholds and requires carbon monoxide detectors when more than two occupants share a bedroom.
Buyers are recommended to verify municipal housing codes and county health regulations.
Fair Housing Compliance:
Avoid applying different occupancy policies based on familial status, age, disability, or national origin. Federal law prohibits rules that disproportionately affect families with children or other protected classes.
Lease Clauses and Enforcement:
Include clear occupancy limits in your lease and outline consequences for violations (e.g., lease termination or additional fees). Consistent enforcement helps defend your policy if tenants challenge it.

While the “two‑plus‑one” rule offers a helpful starting point, occupancy limits can vary widely by jurisdiction, unit size, and building type. Before finalizing your rental policy, it’s advisable to consult local ordinances or a licensed housing attorney to ensure your limits comply with both safety codes and fair housing requirements.