Reasonable Occupancy Limits for DC Renters: Your Fair Housing Rights

Understanding reasonable occupancy standards is essential for renters in the District of Columbia. These standards determine how many people can legally live in your rental unit and help protect you from discrimination based on family size or composition. This guide will cover your rights, how standards are set, and what to do if you experience unfair treatment.

What Are Reasonable Occupancy Standards in DC?

Occupancy standards set guidelines for how many people can live in a rental unit without causing overcrowding or violating safety and health codes. In Washington, DC, these rules must also comply with federal and local fair housing laws, which protect against discrimination, particularly for families with children.

How Are Occupancy Limits Decided?

In DC, occupancy is governed by a mix of building, health, and fair housing rules. The general guideline used by the U.S. Department of Housing and Urban Development (HUD) is the "two persons per bedroom" standard. However, the District of Columbia Housing Code may allow other configurations depending on the size and features of your unit.

• Minimum Room Size: Every bedroom must have at least 70 square feet for one person and 50 additional square feet per extra person¹.
• Fair Housing Protection: Landlords may not set occupancy limits so low that they exclude families with children. Any occupancy rule must have a legitimate safety or health purpose.
• DC Municipal Regulations (14 DCMR § 200) outlines the required space per occupant.

If a landlord tries to enforce overly strict occupancy rules to prevent families from renting, this could be a form of unlawful discrimination under both the federal Fair Housing Act and the DC Human Rights Act.

Discrimination Protections for DC Renters

Washington, DC’s fair housing laws provide strong protection against discrimination. It is illegal for landlords to:

• Deny a rental unit based on family size (unless for legitimate health/safety reasons)
• Set unreasonable occupancy limits that keep out families with children
• Enforce different standards for different groups of renters

If you feel an occupancy rule is being used to unfairly exclude you or your family, you can file a complaint with the DC Office of Human Rights (OHR) or the U.S. Department of Housing and Urban Development (HUD).

How to Challenge Unlawful Occupancy Restrictions

Renters who encounter potentially discriminatory occupancy limits can take the following steps:

• Document the occupancy rule or the landlord’s refusal to rent due to family size.
• Review DC’s building code and housing regulations for your situation.
• Contact the DC Office of Human Rights to discuss your rights and next actions.
• File a formal discrimination complaint if needed (see below for forms).

Key Forms and How Renters Use Them

• DC Office of Human Rights Housing Discrimination Complaint Form:
  • OHR Discrimination Complaint Form
  • Use this form to file a formal fair housing complaint if you believe an occupancy rule is discriminatory. Example: You’re denied an apartment because your family has three children and the landlord says “no more than two people, even if the unit has two bedrooms.”
• HUD Housing Discrimination Complaint Form (Form 903):
  • HUD Form 903 Online
  • Use this federal form if your issue may violate the federal Fair Housing Act as well. Example: You suspect that a policy targets families with children across multiple units.

The DC Department of Housing and Community Development (DHCD) Landlord & Tenant Hotline can also help answer your questions and guide you through forms.

Which Tribunal Handles Tenancy Matters in DC?

The DC Office of Administrative Hearings (OAH) Rental Housing division hears cases related to rental housing in the District, including occupancy, repairs, and landlord-tenant disputes.

All tenants and landlords in DC are primarily governed by the Rental Housing Act of 1985. For matters of discrimination or fair housing, see also the DC Human Rights Act.

FAQ: Occupancy Limits and Fair Housing in DC

1. Can my landlord limit occupancy to fewer people than the law allows?
   Landlords may set reasonable occupancy limits, but these must comply with building codes and cannot be used to discriminate, especially against families with children. If you feel an occupancy rule is unfairly strict, contact the DC Office of Human Rights.
2. What should I do if told I can't rent because of my family size?
   Ask your landlord for the specific code or legal reason. If it appears discriminatory, document the interaction and consider filing a complaint with the DC OHR or HUD.
3. Is there a maximum number of people per unit in DC?
   Yes. Room size and overall unit size determine legal limits per DC regulations, but in general, two people per bedroom is a starting guideline. There are minimum square footage rules for sleeping spaces.
4. Do babies or small children count toward occupancy limits?
   Typically, all persons are counted, but fair housing laws require flexibility for families with children. Disregarding children under a certain age for occupancy may be reasonable—check with OHR for details on your case.
5. Where do I file a complaint if I face occupancy-based discrimination?
   Submit a complaint to the DC Office of Human Rights, the official agency for these issues in DC. You can also file with HUD for federal protection.

Conclusion: Key Takeaways for DC Renters

• DC law sets clear minimum space requirements for renters; landlords must follow these rules and fair housing protections.
• You are protected against unreasonable or discriminatory occupancy limits under federal and District law.
• If you think an occupancy rule is unfair, you can seek help or file a complaint with official agencies.

Knowing your rights helps ensure your family is treated fairly and that housing decisions are based on health and safety, not discrimination.

Need Help? Resources for Renters

• DC Office of Human Rights (OHR): File discrimination complaints or get advice.
• DC Office of Administrative Hearings - Rental Housing Division: For rental disputes and hearings.
• DC Occupancy and Housing Regulations (14 DCMR § 200)
• DC DHCD Landlord & Tenant Hotline: (202) 442-9505
• HUD Fair Housing Complaint Process

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1. DC Municipal Regulations - Housing Code (14 DCMR § 200)
2. DC Rental Housing Act of 1985
3. DC Human Rights Act
4. Federal Fair Housing Act

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