Reasonable Occupancy Standards for Renters in Colorado

If you're renting a home or apartment in Colorado, it's important to understand the rules around how many people can live in your unit. State and federal fair housing laws protect your right to reasonable occupancy and help prevent discrimination. This guide breaks down Colorado's approach so you can spot unfair practices and know what steps to take if your landlord objects to your household size.

Understanding Occupancy Standards in Colorado

Occupancy standards detail how many people can lawfully reside in a rental unit. These limits are designed to protect health and safety without creating unfair barriers for families or individuals. In Colorado, as in most states, occupancy decisions must also comply with the federal Fair Housing Act, which prohibits discrimination based on familial status—that means landlords generally cannot set rules that unreasonably restrict families with children from renting.

What Is Considered 'Reasonable'?

The U.S. Department of Housing and Urban Development (HUD) has long suggested a basic guideline: two people per bedroom, plus one additional person for the unit if reasonable. However, Colorado does not set stricter statewide occupancy maximums—local city codes or health department rules may provide further guidance, but landlords must never apply their own standards in a way that unlawfully discriminates.

• Landlords must consider: the size of bedrooms and living areas, unit layout, and other relevant factors.
• A strict 'two-per-bedroom' rule is usually permissible, unless unique circumstances exist.
• State and federal fair housing laws prohibit using occupancy rules to exclude families with children.

Colorado Law and Relevant Forms

While Colorado law does not specify a fixed occupancy number, landlords must still follow the Colorado Revised Statutes Title 38, Article 12 (Colorado Landlord and Tenant Law) ^[1] and municipal housing codes. If you suspect you are being unfairly denied housing due to household size, you may take action through official channels.

• Fair Housing Complaint Form – Colorado Civil Rights Division (CCRD)

When and How to Use: If your landlord refuses to rent to you because of your family size (such as saying you have "too many children for the unit"), you can submit a Fair Housing Complaint to the CCRD.

• Submit a Fair Housing Complaint (Colorado CCRD Online Portal)

Practical Example: If you and your three children are denied a two-bedroom apartment because "children aren't allowed in this building," you should file a complaint using the CCRD's process.

Which Tribunal Handles Disputes?

The Colorado Civil Rights Division (CCRD) is the state agency responsible for investigating and resolving housing discrimination complaints. Visit their official website for information or to file a claim: Colorado Civil Rights Division (CCRD).

Relevant Legislation

• Fair Housing Act - Federal Regulations (24 CFR § 100.10 et seq.)
• Colorado Revised Statutes Title 38, Article 12

What Happens If a Landlord Sets an Unreasonable Limit?

If you believe an occupancy rule is unreasonable or used as a pretext to discriminate, you can:

• Ask the landlord for a written explanation and cite HUD guidelines
• Contact the Colorado Civil Rights Division
• File a complaint if you feel your rights under the Fair Housing Act or Colorado fair housing laws are violated

FAQ: Reasonable Occupancy and Your Rights in Colorado

1. How many people can live in a rental unit in Colorado?
   Generally, the guideline is two people per bedroom, plus one more for the unit, but the law is flexible to allow for larger families in larger units if health and safety aren't compromised.
2. Can my landlord refuse to rent to my family because of our size?
   No, not if their reason is based solely on household composition, particularly when it includes children. This can violate fair housing protections.
3. Where do I file a complaint if I suspect discrimination?
   File with the Colorado Civil Rights Division (CCRD) through their official online portal.
4. Could local rules have stricter occupancy limits?
   Yes, some localities or city codes may set additional limits, but these must still align with state and federal fair housing protections.
5. Is there a form I should use to start a complaint?
   Yes, use the CCRD Fair Housing Complaint form available here.

Key Takeaways for Colorado Renters

• Reasonable occupancy is generally two people per bedroom, plus one—but flexibility is required.
• Landlords cannot use occupancy standards as a way to unlawfully discriminate.
• For disputes, contact the Colorado Civil Rights Division and use official complaint forms for resolution.

Need Help? Resources for Renters

• Colorado Civil Rights Division (CCRD) – Official state body for housing discrimination complaints
• Colorado Department of Local Affairs (DOLA) – Tenant Information
• Colorado Renter's Rights and Resources
• HUD Fair Housing Complaint Process

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1. Colorado Residential Landlord and Tenant Law (Colo. Rev. Stat. § 38-12)
2. Federal Fair Housing Act Regulations (24 CFR § 100.10)
3. Colorado Civil Rights Division: File a Housing Discrimination Complaint

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