Can my landlord limit how many kids I have in my rental unit?

Landlords can set reasonable occupancy limits based on safety and code, but they cannot unfairly restrict families with children beyond local or federal guidelines.

What if my lease says two people per bedroom but my family needs more space?

This guideline can often be flexible. If your space is large enough and local code allows, your landlord may need to make reasonable exceptions.

Who do I contact if I think my landlord’s occupancy policy is discriminatory?

You can contact the Georgia Commission on Equal Opportunity or HUD to file a fair housing complaint.

Does Georgia have a state law setting specific occupancy numbers?

No. Georgia follows HUD guidelines and local codes. Always check your city or county's housing codes for more details.

How do I file a fair housing complaint?

You can use HUD Form 903-1 for federal complaints or the GCEO online form for state-level issues. See above for step-by-step instructions.

Georgia Fair Housing Occupancy Standards: A Renter’s Guide

Discrimination & Fair Housing Laws Georgia published: June 21, 2025

Understanding rental occupancy rules is critical for Georgia renters, especially if you live with family members or children. Reasonable occupancy standards are guided by both federal Fair Housing laws and Georgia's own regulations, protecting you from discrimination while helping ensure safe, healthy living conditions. This article breaks down what renters in Georgia need to know, including legal standards, how to address disputes, and where to get official help.

What Are Reasonable Occupancy Standards?

Occupancy standards set the number of people allowed to live in a rental unit. These rules must balance health and safety with fair housing protections, so landlords cannot use them as a way to discriminate against families or certain groups. Georgia follows both federal and state guidance when determining what's "reasonable."

Federal Law: The "Two-Per-Bedroom" Guideline

The U.S. Department of Housing and Urban Development (HUD) typically recommends two people per bedroom as a general rule, but this is a guideline, not a hard limit.
Landlords must consider additional factors, such as unit size, state/local codes, and special circumstances (e.g., infants in a parent's room).
Setting arbitrary or overly restrictive occupancy limits may amount to familial status discrimination under the Fair Housing Act.^[1]

Georgia State and Local Rules

Georgia does not have a specific state-wide law dictating exact occupancy numbers. Most cities and counties follow HUD’s guideline with variations. Always check your local city or county housing codes for additional rules.

For example, cities like Atlanta reference the International Property Maintenance Code, which may allow more occupants if there is adequate square footage.
Local codes may address total occupants per square footage, and requirements for children sharing rooms.

Your Rights as a Renter

As a renter in Georgia, you are protected from policies or rules that unfairly limit how many people can live with you based on your family status, national origin, or other protected categories.

Landlords must apply occupancy rules equally to all renters.
Government codes cannot be used to exclude families with children if the space otherwise meets health and safety standards.
Disagreements over occupancy standards often lead to disputes. Renters can take action if they believe they've been treated unfairly.

What to Do If You Face Occupancy Discrimination

If you believe your landlord’s occupancy policy is unreasonable or discriminatory, you have rights and options. Here are the main steps to resolve a dispute:

Discuss your situation with your landlord, and reference HUD’s guidelines or your local city/county occupancy code.
If discrimination appears to be based on family status or another protected class, you may file a formal complaint.

How to File a Fair Housing Complaint in Georgia

Georgia renters file housing discrimination complaints through either HUD or the Georgia Commission on Equal Opportunity (GCEO), the state agency that enforces fair housing laws.^[2]

HUD Form 903-1 (Housing Discrimination Complaint Form):
- When to Use: If you have experienced discrimination by your landlord (such as being denied housing due to family size or having children), use this form to officially start a federal complaint.
- How to File: Download and complete the form from the official HUD website, then submit it online, by mail, or email to HUD.
- Example: You are denied rental for having three children in a two-bedroom apartment, even though the apartment is large enough according to local code.
To file with the Georgia Commission on Equal Opportunity (GCEO):
- Follow instructions on the official GCEO portal for housing discrimination complaints. Submit online or call for help.

The main residential housing tribunal for tenant-landlord disputes in Georgia is usually the County Magistrate Court, but for discrimination, complaints are handled by Georgia Commission on Equal Opportunity (GCEO) and HUD’s Office of Fair Housing and Equal Opportunity.^[3]

Tip: If you are not sure if your situation is discrimination, seek free help from the GCEO or HUD. Acting quickly gives you the best chance of a positive result.

Relevant Legislation and Codes

Federal Fair Housing Act (42 U.S.C. §§ 3601-3619)
Georgia Fair Housing Laws and Resources (GCEO)
Check your local city or county government website for building or occupancy codes (e.g., Atlanta’s International Property Maintenance Code)

Frequently Asked Questions

Can my landlord limit how many kids I have in my rental unit?
Landlords can set reasonable occupancy limits based on safety and code, but they cannot unfairly restrict families with children beyond local or federal guidelines.
What if my lease says "two people per bedroom" but my family needs more space?
This guideline can often be flexible—if your space is large enough and local code allows, your landlord may need to make reasonable exceptions.
Who do I contact if I think my landlord’s occupancy policy is discriminatory?
You can contact the Georgia Commission on Equal Opportunity or HUD to file a fair housing complaint.
Does Georgia have a state law setting specific occupancy numbers?
No. Georgia follows HUD guidelines and local codes. Always check your city or county's housing codes for more details.
How do I file a fair housing complaint?
You can use HUD Form 903-1 for federal complaints or the GCEO online form for state-level issues. See above for step-by-step instructions.

Conclusion: Key Takeaways

Georgia renters are protected by state and federal fair housing laws, including rules about reasonable occupancy standards.
Check both HUD guidelines and your local codes when determining how many people can live in your home.
If you face discrimination, forms like HUD Form 903-1 and the GCEO online complaint process are available to defend your rights.

Need Help? Resources for Renters

Georgia Commission on Equal Opportunity (GCEO): State complaints and information on fair housing, 404-656-1736
U.S. HUD – Fair Housing Complaint Process
Georgia Legal Aid: Renters’ Rights Overview
Atlanta residents: City Property Maintenance and Occupancy Codes