Florida Occupancy Standards: Fair Housing Rights for Renters

If you rent a home or apartment in Florida, it’s important to know how many people can legally live in a unit—and when a landlord’s rules may cross the line into discrimination. Reasonable occupancy standards protect Florida renters against unfair restrictions, while also allowing property owners to ensure safety and comfort for all residents. This guide clearly explains these standards, your rights, and what steps to take if you believe your housing rights are being violated.

What Are Reasonable Occupancy Standards in Florida?

Florida follows both federal and state fair housing laws that aim to prevent housing discrimination. Reasonable occupancy standards refer to the maximum number of people allowed to live in a rental unit. These rules must balance building safety, local codes, and protection against discrimination—especially for families with children.

Federal Guidelines: HUD’s “Two-Person per Bedroom” Rule

The U.S. Department of Housing and Urban Development (HUD) recommends a general guideline of two people per bedroom for reasonable occupancy. However, this is not a hard limit. Landlords should also consider:

• The size and layout of bedrooms and the unit
• Age of children living in the household
• Unit configuration and related health or safety codes

Local building or fire codes in parts of Florida may set additional requirements, but any occupancy policy must comply with anti-discrimination laws.

Protection Against Familial Status Discrimination

Under the federal Fair Housing Act and Florida Fair Housing Act, it’s illegal for landlords to deny housing or set stricter occupancy rules for families with children, unless for a legitimate safety or health reason.^[1] If a landlord imposes unreasonable rules—such as refusing to allow two children and a parent to share a two-bedroom unit—they could be violating your fair housing rights.

What Should You Do If You Think the Occupancy Rule Is Discriminatory?

If you believe a landlord’s occupancy policy discriminates against you or your family, you can:

• Gather documentation (e.g., your rental agreement, written policies, communications with the landlord)
• Contact the Florida Commission on Human Relations (FCHR) to file a fair housing complaint
• File a complaint with the federal HUD Office of Fair Housing and Equal Opportunity

Florida Fair Housing Discrimination Complaint Form

• Form name: FCHR Employment/Public Accommodation Housing Discrimination Complaint Form
• When is it used? Use this form if you believe a landlord applied an unreasonable occupancy standard that amounts to illegal discrimination under state or federal law.
• How do I use it? Complete the form online or download, fill it out, and submit to the FCHR. For example, if your landlord will not let your family of four rent a two-bedroom apartment even though it is large enough, you can submit this complaint.
• Official Florida FCHR Housing Discrimination Complaint Form (PDF)

For a step-by-step outline, see the action steps section below.

Who Oversees Renters’ Rights Regarding Occupancy in Florida?

• Florida Commission on Human Relations (FCHR) oversees fair housing issues in the state. Visit the FCHR official website for more information.
• Federal agencies like HUD's Fair Housing & Equal Opportunity Office also accept complaints related to occupancy discrimination.

Relevant Florida Tenancy Legislation

• Florida Residential Landlord and Tenant Act (Chapter 83, Part II) — covers landlord and tenant responsibilities
• Florida Fair Housing Act, Section 760.23 — explicitly prohibits discrimination on the basis of familial status

This legislation ensures landlords cannot set lower occupancy limits in order to exclude families, unless justified by genuine health or safety reasons.

Frequently Asked Questions: Florida Occupancy Standards

1. How many people can legally live in a Florida rental unit?
   There is no strict statewide limit, but HUD’s general guideline is two people per bedroom. Landlords must also consider unit size and local codes and avoid discrimination against families with children.
2. Can my landlord refuse to rent to me because I have children?
   No. Both state and federal fair housing laws prohibit discrimination based on familial status, unless clear health and safety codes justify an occupancy restriction.
3. What should I do if I think an occupancy limit is unfair?
   Start by gathering evidence (lease terms, any written policies), then contact the Florida Commission on Human Relations or file a formal complaint if you believe the rule is discriminatory.
4. Are there official forms to complain about occupancy discrimination in Florida?
   Yes. You can use the FCHR Housing Discrimination Complaint Form. Submit it online or by mail if you believe your family faced an unreasonable occupancy restriction.
5. Do local city codes ever override these rules?
   Local building or fire codes may set minimum space requirements, but they cannot be an excuse for landlords to discriminate against families protected by the Fair Housing Act.

Conclusion: Key Takeaways for Florida Renters

• Landlords must follow fair occupancy standards and cannot discriminate against families with children unless there is a legitimate safety or health concern backed by law.
• If you suspect discrimination, use the official complaint process and seek help from the Florida Commission on Human Relations.
• Always check both your lease and the local codes, and know your rights under the Florida Fair Housing Act and the Residential Landlord and Tenant Act.

Knowing your rights about reasonable occupancy can help you protect your family and your home in Florida.

Need Help? Resources for Renters

• Florida Commission on Human Relations (FCHR) — File discrimination complaints or request more information.
• HUD Fair Housing & Equal Opportunity Office — Federal level information and complaint process.
• Florida Department of Economic Opportunity — Fair Housing — Additional renter resources and contacts.
• Read the Florida Residential Landlord and Tenant Act

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1. Florida Fair Housing Act, Section 760.23
2. HUD Occupancy Standards Notice (HUD 8-18)
3. Florida Residential Landlord and Tenant Act (Chapter 83, Part II)
4. FCHR Housing Discrimination Complaint Form (2024)

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