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Occupancy laws are in place to protect landlords and tenants. California uses Section 503(b) of the federal Uniform Housing Code to determine occupancy standards for a rental unit. - According to Section 503(b), the maximum number of people in a rental unit is determined by square footage. Each dwelling must have at least one room 120 square feet or more and all other habitable rooms excluding the kitchen must be at least 70 square feet. If a room is used for sleeping by more than two people, then the minimum square footage must be increased by 50 square feet for each additional person. For example, if three people were using a room to sleep, it would have to be at least 120 square feet. If four people were sleeping in one room, it would have to be at least 170 square feet.
- The guidelines provided by Section 503(b) set forth a maximum occupancy, but landlords are not required to commit to the maximum. California considers the standard practices adopted by the federal department of Housing and Urban Development as outlined in the Keating Memorandum of two people per bedroom a reasonable limit for a landlord to impose.
- Landlords are prohibited from discriminating against families by citing overcrowding. If a landlord would rent a property to four adults, then he must be willing to rent the same property to a family of two adults with two children. However, a facility designated senior housing meeting specific requirements may exclude families with children.
- If you feel you have been the victim of discrimination you must take action within a year of the incident. The U.S. Department of Housing and Urban Development, California Department of Fair Employment and Housing Investigations, the National Fair Housing Association and local Legal Aid organizations all provide assistance on discrimination cases.
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Reasonable Occupancy
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