How Many People Can Live in a House Legally in the U.S.?

There is no single national rule governing how many people can live in a house, and the answer depends on local housing codes, bedroom size, and other safety standards. Housing occupancy limits are important for reducing owner risk, promoting health/safety, and reducing the strain on utilities.

Three frameworks generally govern how many people can legally live in a house in the U.S.:

• Local housing codes: Municipalities have their own housing codes and regulations that limit occupancy based on the number of units and square footage.
• Federal guidance (HUD): The Department of Housing and Urban Development (HUD) maintains minimum safety and occupancy guidelines for multi-family units and housing receiving HUD funding.[1]
• Fire & safety standards: The International Property Maintenance Code (IPMC) is a code used as the basis for various local laws and housing regulations in the US that sets standards for building maintenance and safety.

Home occupancy limits are also important because they set limits on the number of tenants and distinguish primary residences from investment properties.

Note: For the purposes of defining households, relationships do not matter. That is, a household can comprise any number of people living together, regardless of whether those people are related.

What actually determines how many people can live in a house?

These are some of the major factors that determine how many people can live in a house together.

1. Bedroom size and square footage

For most residential buildings, occupancy limits depend on the total square footage and the number of bedrooms.

The standard rule that HUD follows is the “2+1” rule, which states that there must be no more than two people per bedroom, plus one more person for the entire dwelling space.

Another common standard is from the IPMC, which sets a minimum square footage of 70 sq. feet for the first bedroom occupant and 50 sq. feet for each additional occupant. This standard bases occupancy limits on bedroom square footage rather than setting a strict numerical limit.

2. Fire and safety limits

Occupancy rules set by fire codes generally follow the “2+1” standard of two occupants per bedroom and one additional occupant.

However, fire codes also have rules for general occupancy, not just for sleeping areas. In addition to occupancy requirements, fire codes also concern themselves with the number of exits and the number and placement of fixtures, such as furnaces.

3. Septic vs sewer systems

Occupancy limits are also set by septic tank or system capacity. The point of these limits is to prevent putting too much strain on public infrastructure.

In general, local codes establish a maximum number of bedrooms per septic system flow capacity.

For instance, California imposes a minimum septic system size of 750 gallons for single-bedroom dwellings and an additional required 150 gallons per extra bedroom.

4. Rental vs. owner-occupied differences

In general, occupancy rules are regulated more strictly for rental properties. This is mostly to promote fairness and prevent discrimination in renting against protected classes.

In some cases, owner-occupied properties may have laxer occupancy rules if the property is the owner’s primary residence.

How many people can live in a house by bedroom count?

For most purposes, you can gauge occupancy limits by the total number of bedrooms available. Most places operate by a two-per-bedroom rule or the “2+1” rule.

For example, a two-bedroom dwelling is generally meant to hold up to four to five individuals, two for each bedroom and a potential fifth for the rest of the living space. Similarly, a one-bedroom apartment could hold up to three individuals.

Below is a chart showing general occupancy limits for properties with different numbers of bedrooms.

For a room to count as a bedroom, it must have specific dimensions and accessibility features. The IPMC, which many states follow, sets a 70 sq. foot minimum and requires at least two exits from the room, one of which can be a window. 

A room doesn’t have to be built specifically as a bedroom to be considered one; as long as it meets the required codes, it can be counted as a bedroom for occupancy considerations. This means that conversions of non-bedroom spaces (e.g., attics) can increase occupancy limits in a property. 

Please note that this chart serves as guidelines only, and specific rules may vary depending on the property type, unit size, and other relevant factors.

Does it matter if the occupants are related?

Historically, many cities and jurisdictions capped the occupancy of unrelated occupants. For the purposes of occupancy, “related” is usually defined narrowly as related only by blood or marriage. These rules limit the total number of unrelated occupants that can live in a given space.

However, many cities and jurisdictions have removed unrelated occupant caps to avoid issues related to discrimination.

For example, landlords in California must treat all renters the same, whether they are related or not, and can only set different limits based on reasonable safety and privacy concerns.

Similarly, Colorado recently passed legislation that bans occupancy limits based on relationship status.[2] The aim of these types of legislative changes is to promote fair housing and prevent discrimination based on familial status.

Modern occupancy limits instead focus on safety and habitability. Landlords can impose additional occupancy limits on top of required minimums, but they must be based on the safety and habitability of the structure. Owners can’t have a strict “family-only” occupancy rule and another for unrelated occupants.

Can a landlord legally limit how many people live in a house?

Landlords generally can legally limit how many people can live in a house, but they must follow specific rules and be careful not to discriminate against protected classes of individuals.

• Lease-based limits: Landlords can generally set limits on property occupancy, typically choosing to follow the HUD’s “2+1” rule. However, landlords can limit their properties based on unit size. The lease states the maximum occupancy over which it's considered a violation.
• Health and safety considerations: Landlords can also reasonably limit occupancy based on health and safety considerations. For instance, a landlord might limit occupancy below the “2+1” limit due to small unit size or septic system limitations. These restrictions must be reasonable and are usually stated in the lease.
• Fair Housing constraints: Landlords must also take care not to discriminate against tenants in violation of the Fair Housing Act (FHA). The FHA prohibits discriminating against tenants based on familial status, so any occupancy limitations must be applied fairly and consistently across all tenants, not just related/unrelated ones.

Can multiple families live in a single-family home?

Zoning laws and occupancy rules are different, so a “single-family” home doesn’t mean that only one household can live in it.

Occupancy rules for single-family homes are the same as for other properties, so it depends on the total number of individuals, not whether there is more than one family.

For example, multi-generational households are common in many places in the U.S. and are completely fine if they abide by local occupancy rules concerning the number of individuals.

For example, two families could live in a three-bedroom apartment as long as there are fewer than seven people in the home when following the standard “2+1” rule.

As such, the only times rules against multiple families living in a single house are those imposed for safety and sanitation reasons. Non-compliant property conversions may be another reason landlords enforce restricted occupancy rules for single families.

How to find the legal occupancy limit where you live

Legal occupancy limits vary based on local laws and regulations, so they differ depending on location.

Below are some places where you can look up relevant occupancy limits and where they apply.

• City or county code enforcement office: The city or county should have an enforcement office that enforces specific building codes. If you suspect that occupancy violations are occurring, you can check with the enforcement office.
• Local property maintenance code: Cities and counties have property maintenance codes that you can search for online, which should state relevant occupancy rules and exceptions.
• Fire department: You can also search local fire codes for relevant building safety occupancy requirements and related fire-hazard regulations.
• Lease agreement (for renters): If you are renting a property, your lease should contain information about occupancy limits for specific tenants.

What to do if your home feels overcrowded

If your property feels overcrowded with occupants, there are some ways to free up space and make things more manageable.

1. Reconfigure space

In some instances, it's not a lack of space but rather the way a space is configured that contributes to crowding.

Strategies like smart storage solutions or creating different zones can break up the jumble and give each space more clearly defined boundaries.

2. Accessory dwelling units (ADUs)

ADUs are generally legal across the U.S., although some states have much stricter regulations on permitting and building.

Building an additional dwelling unit can increase occupancy limits on a property if it has a separate dwelling space. ADU limits per property lot can vary from one to four, depending on the state and lot size.

3. Moving to a larger home

In some cases, moving to a larger home might be the most optimal solution to overcrowding.

In many cases, you can find a property with the same number of rooms, but with more square footage, so living arrangements don’t have to change as much.

Finding the right-sized home

If you are having trouble finding the right size home, you can work with an experienced agent to help your search.

With Clever, you can search for top local agents who can help you save money through negotiations and low commission.

An agent can help you understand local zoning laws and ways to save money while upsizing. You may also qualify for cash back on closing with Clever. So don’t hesitate — feel free to explore your options using Clever today.

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