Alabama Fair Housing: Reasonable Occupancy Rules for Renters

Are you wondering how many people can legally live in your rental unit in Alabama or if your landlord’s occupancy limits are fair? Understanding reasonable occupancy standards is key to protecting your rights and ensuring fair housing for all renters. This article explains how Alabama’s laws and federal guidelines affect rental occupancy, including how landlords set limits and what you can do if you feel discriminated against.

Understanding Occupancy Standards Under the Law

In Alabama, occupancy standards in rental housing are shaped by federal Fair Housing Act requirements, specifically protecting renters from discrimination based on race, color, national origin, religion, sex, familial status, or disability.^[1] The key question is: What is a 'reasonable' occupancy policy?

General Federal Guidance: The "Two-Per-Bedroom" Rule

The U.S. Department of Housing and Urban Development (HUD) suggests that a "two-persons-per-bedroom" policy is reasonable in most cases.^[2] However, there can be exceptions based on:

• The size of bedrooms or the unit
• The unit’s age and layout
• Physical limitations of a building (like septic capacity)
• State and local fire and housing codes

Landlords generally may not use occupancy standards to exclude families with children, as that is considered discrimination based on familial status under the Fair Housing Act.

Alabama State Law and Local Rules

Alabama follows federal fair housing standards and also references local housing and fire safety codes for occupancy limits. While no statewide Alabama law sets a strict person-per-bedroom rule, landlords typically use the HUD guideline unless local codes specify otherwise. Check your city or county housing department for local rules.

What Landlords Can and Cannot Do

• Landlords can set reasonable occupancy limits considering the above factors, but they cannot discriminate against families with children.
• Landlords cannot require a higher rent or deposit just because there are children living in the unit.
• If local building or fire codes allow more people than the landlord’s policy, the code usually controls.

How to Challenge Potential Discrimination

If you believe you’ve been discriminated against due to family size or occupancy standards, you have options. Discrimination complaints are handled both by federal agencies and Alabama state offices.

Relevant Official Forms

• HUD Discrimination Complaint Form (Form 903)
  When to use it: If you believe your landlord has set unfair occupancy standards that violate the Fair Housing Act, complete this form to file a complaint.
  How to use: Fill out and submit the form online or by mail to HUD.
  File a HUD Housing Discrimination Complaint online

Alabama does not require a special state-specific form—complaints default to federal HUD forms and process.

Where Are Complaints Heard?

Housing discrimination hearings and enforcement in Alabama are managed by the U.S. Department of Housing and Urban Development Alabama Field Office. There is no state-level tenant-landlord tribunal, but the main legislation covering most rental issues is the Alabama Uniform Residential Landlord and Tenant Act.^[3]

Action Steps: If You Suspect Unfair Occupancy Rules

• Contact your landlord to ask about specific occupancy policies and request them in writing.
• Compare the policy to local codes and the HUD "two-per-bedroom" standard.
• If you see possible discrimination, document your communications and circumstances.
• Use the HUD Discrimination Complaint Form 903 to begin a formal complaint.

FAQ: Renters’ Most Common Questions about Occupancy Standards

1. What does "reasonable occupancy standard" mean in Alabama?
   In Alabama, a reasonable occupancy standard usually means two people per bedroom unless local building or fire codes differ.
2. Can a landlord refuse to rent to my family because of the number of children?
   No. Refusal based on family size may violate the Fair Housing Act unless the housing unit actually cannot safely accommodate the number of occupants.
3. Are children counted the same as adults in occupancy limits?
   Yes, HUD guidelines count children and adults equally for occupancy purposes; however, exceptions for infants may apply in some cases.
4. What should I do if I think my landlord’s rules are unfair?
   Request the policy in writing, review local codes, consider discussing with your landlord, and if needed, file a complaint with HUD.
5. Where do I find my city’s occupancy code?
   Contact your city or county code enforcement or housing department, whose contact details are usually available on the city’s official website.

Need Help? Resources for Renters

• HUD Alabama Field Office — State Contact
• HUD Fair Housing Complaint Online Portal
• Alabama Attorney General: Consumer Protection Division
• Alabama Uniform Residential Landlord and Tenant Act (Official Resource)

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1. "The Fair Housing Act" — Justice.gov Fair Housing Act
2. "Occupancy Standards Under The Fair Housing Act" — HUD Policy Guidance
3. "Alabama Uniform Residential Landlord and Tenant Act, Ala. Code § 35-9A" — Alabama Landlord/Tenant Law

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