Occupancy Limits Per Bedroom: Typical Rules, Exceptions and What to Check

Answer

Intro: Landlords and tenants often ask “how many people per bedroom?” The most commonly cited benchmark is two persons per bedroom, but that rule isn’t universal. Federal guidance, local building codes and fair-housing law interact, so limits can depend on bedroom size, unit layout and municipal ordinances.

Core rules and common variations:

• Two-per-bedroom rule (HUD): HUD treats two persons per bedroom as a reasonable starting point for occupancy policies, but it evaluates special facts (room size, configuration, ages of occupants) rather than enforcing a strict nationwide cap.
• “Two plus one” and other provider standards: Some landlords adopt “two persons per bedroom plus one” (e.g., a two-bedroom → up to five occupants) as a working policy—but providers must apply standards consistently and consider local rules to avoid Fair Housing complaints.
• Square-footage based limits: Many city/state codes set minimum habitable area per occupant (common formulas: ~150 sq ft for first occupant + 100 sq ft per additional occupant, or similar bedroom minimums of ~70–80 sq ft). Where local code uses area instead of bedroom count, that rule controls.
• Bedroom definition matters: Whether a room qualifies as a “bedroom” (eg. egress, closet, ceiling height, separate access) affects how standards apply. Layouts with sleeping space that isn’t a legal bedroom may be treated differently. :

Fair Housing and enforcement risks: Strict, one-size-fits-all limits can trigger Fair Housing complaints (familial status discrimination) if they disproportionately exclude families with children. HUD and courts examine whether a standard is reasonable and whether local law supports it—so documentation and consistent application matter.

Practical steps for landlords and tenants:

• Check the lease and the local municipal/building code for explicit occupancy or square-foot rules.
• Measure bedrooms and common area if you rely on a square-foot formula; document measurements.
• Apply standards consistently and keep records (applications, communications, rationale).
• If a tenant requests an exception (family, medical need, disability), consider a reasonable accommodation process rather than an automatic denial.
• When in doubt, consult your local housing authority or it’s advisable to consult a licensed attorney experienced in landlord-tenant and fair-housing law.

Bottom line: “Two persons per bedroom” is a useful rule of thumb, but it’s not absolute. Local codes, room size, layout and federal fair-housing principles can alter what’s lawful. Verify local ordinances, document your basis, and seek local legal or housing-authority guidance before enforcing strict occupancy caps.