While cities and states may have their own occupancy laws, two federal laws that regulate housing occupancy are the Uniform Housing Code and the Federal Fair Housing Act, SFGate reports. The Uniform Housing Code sets the minimum size for a dwelling and establishes guidelines for how many people can occupy a home per bedroom, while the Federal Fair Housing Act regulates discrimination against tenants based on family size.Continue Reading
The Uniform Housing Code states that each residence must have at least one room that measures 120 square feet or more, and other habitable rooms, except the kitchen, must be at least 70 square feet, SFGate explains. The complete site of the dwelling determines the maximum occupancy rate, and it permits a maximum of two people to occupy a minimum-sized home. A dwelling must have an additional 50 square feet for each additional resident.
The Federal Fair Housing Act states that a landlord may not refuse to rent to families with children unless the property is only for the elderly. However, all properties are still subject to the HUD regulations for occupancy limits. These regulations do allow two people to a single bedroom in certain circumstances, such as young children sharing a bedroom with their parents, SFGate notes.Learn more about Law