Understanding Occupancy Limits and Overcrowding Laws in DC

Roommates, Subletting & Shared Housing District of Columbia published: June 21, 2025 Flag of District of Columbia

As a renter in the District of Columbia, it's important to know the laws around how many people can live in a rental unit. Understanding occupancy limits and overcrowding rules helps you stay safe, avoid penalties, and maintain a good relationship with your landlord. This guide explores DC's occupancy standards, legal definitions, and what residents can do if problems arise.

Occupancy Limits in the District of Columbia

DC sets specific rules about the maximum number of people allowed in a rental unit. These laws protect health, safety, and fair housing for everyone.

What Are the Legal Standards?

  • Building Code: The District of Columbia Housing Code and the 2013 DC Construction Codes establish how many occupants are allowed based on room size.
  • Generally, every bedroom must be at least 70 square feet for one person, and each additional person requires an extra 50 square feet.1
  • Living rooms or other habitable spaces cannot be counted as bedrooms unless they meet specific code requirements for privacy and egress.

For example, a two-bedroom apartment must have adequate space in each bedroom for the number of people living there. Exceeding the occupancy limit may be a code violation.

How Overcrowding Is Defined

  • Overcrowding occurs when the number of people living in a unit exceeds the legal occupancy limit.
  • This can lead to health and safety hazards, complaints, fines, and even eviction.

The Department of Buildings (DOB) and the Department of Housing and Community Development (DHCD) oversee these standards in DC. To see a full breakdown, refer to DC Housing Code Chapter 8 and the International Property Maintenance Code standards adopted by DC.

Roommates, Subletting, and Shared Housing: What Renters Should Know

Having a roommate or sharing a unit can be cost-effective, but Washington, DC law requires all occupants be disclosed on the lease and must follow occupancy limits.

  • Adding Roommates: Most leases restrict the number of adult occupants. Always notify your landlord before making changes.
  • Subletting: DC law allows subletting unless the lease specifically forbids it. However, you still must comply with occupancy maximums.
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Key point: Exceeding occupancy limits—by adding roommates or family members—could cause your landlord to file a complaint with DC’s housing enforcement agencies, potentially leading to lease violations or eviction.

Filing a Complaint or Responding to Violations

If you believe you’re facing wrongful accusations of overcrowding, or your landlord is ignoring dangerous overcrowding in your building, you can take action.

Relevant Official Forms in DC

  • Housing Code Violation Complaint Form: Use this to report unsafe overcrowding or illegal conversions.
    Example: If your neighbor added a second family in one unit causing unsafe conditions, you submit this form to the Department of Buildings for an official inspection.
  • No specific "occupancy limit increase" form exists. Seek written consent from your landlord for adding occupants, as this can require a lease addendum and landlord/tenant board approval if disputed.

For disputes, renters may apply to the official tribunal:

Relevant Legislation

Always review your lease and the current local laws before making changes to household composition.

Tip: If unsure whether new roommates or guests violate rules, contact your landlord in writing and check the DC Housing Code for guidance. Keeping communication clear helps avoid misunderstandings.

FAQ: DC Occupancy and Overcrowding Laws

  1. How many people can legally live in my apartment in DC?
    DC law generally allows no more than two people per legal bedroom plus one additional person in the unit, as long as square footage requirements are met.
  2. Can a landlord evict me for having too many roommates?
    Yes, if the number of occupants violates DC’s Housing Code or your lease, your landlord can issue a notice for violation that may lead to eviction if not resolved.
  3. What should I do if I’m accused of overcrowding wrongly?
    Gather evidence, contact the Department of Buildings to clarify the code, and consider filing a response with the Rental Housing Commission if a legal dispute arises.
  4. Are children counted in occupancy limits?
    Yes, all individuals regardless of age are counted toward occupancy limits under DC Housing Code regulations.
  5. Is my landlord required to notify me of occupancy rules?
    Your lease should specify these limits. If not, DC Municipal Regulations and the Housing Code set default standards landlords and tenants must follow.

Need Help? Resources for Renters

  1. DC Municipal Regulations, Title 14, Chapter 8: Minimum Space and Occupancy Standards
  2. Rental Housing Act of 1985 (DC Code Title 42, Chapter 35)
  3. DC Rental Housing Commission

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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