Indiana Fair Housing Rules on Occupancy Standards

If you are a renter in Indiana, understanding fair housing rules, especially about how many people can legally live in your rental unit, can help protect your rights and your family. This article explains how reasonable occupancy standards are set, what your protections are under state and federal law, and what to do if you believe your fair housing rights are being violated.

What Are Reasonable Occupancy Standards in Indiana?

Occupancy standards refer to the maximum number of people allowed to live in a rental unit. Both federal and Indiana law prohibit discrimination based on protected characteristics such as familial status (e.g., having children).

The federal guideline, often called the “two plus one” rule, suggests two people per bedroom plus one additional person in the unit. However, landlords are allowed to consider factors such as:

• The size of bedrooms and living spaces
• Unit configuration and layout
• State and local building or housing codes

Indiana follows federal standards under the Indiana Civil Rights Law (IC 22-9-1). Landlords must apply occupancy limits fairly and cannot set stricter rules just because you have children or based on another protected category.^[1]

Can Landlords Set Their Own Occupancy Rules?

While landlords can propose occupancy limits, these must align with state and federal laws. For example, a landlord generally cannot refuse to rent a two-bedroom apartment to a family of five if the local code and unit size make that occupancy reasonable. Applying tighter limits to families with children or particular groups could be illegal discrimination.

When Is an Occupancy Limit Discriminatory?

Discrimination occurs if a landlord enforces a rule that effectively excludes families, singles out certain races, or otherwise violates protected categories under the Federal Fair Housing Act.^[2]

For example, if a landlord tells a family they cannot rent because they have “too many children” for an otherwise allowed occupancy, that may be considered discrimination based on familial status.

What to Do If You Face Discrimination

Indiana’s main agency for handling fair housing issues is the Indiana Civil Rights Commission (ICRC). You can file a complaint if you believe your rights under the Fair Housing Act or Indiana law have been violated.

Relevant Forms and How to Use Them

• Housing Discrimination Complaint Form (ICRC – No specific number):
  
  • When to use: If you think a landlord has discriminated against you (for example, by refusing to rent to your family due to size), complete this form.
  • How to use: Download or fill out the Fair Housing Complaint Form, and submit it to the ICRC by mail, fax, or email. A practical example: If you were told that your family size does not "fit" the apartment even though it matches state guidelines, fill out and submit this form.

Tribunal Handling Tenant Disputes

In Indiana, the Indiana Civil Rights Commission investigates and enforces fair housing laws in rental situations. While there is no separate "tenant board," the ICRC is the agency tasked with handling discrimination and fair housing complaints.

Relevant Legislation

• Indiana Civil Rights Law (IC 22-9-1) – covers housing discrimination
• Federal Fair Housing Act – sets national anti-discrimination rules

Frequently Asked Questions

1. How many people can legally live in a two-bedroom apartment in Indiana?
   Generally, two people per bedroom plus one extra person – so typically five – but this may adjust based on unit size and local codes.
2. Can my landlord refuse to rent to families with children?
   No. Refusing to rent based on familial status (having children) is prohibited by Indiana and federal fair housing law.
3. What should I do if I am denied housing because of my family size?
   You should file a complaint with the Indiana Civil Rights Commission using the official Fair Housing Complaint Form.
4. Are there exceptions to occupancy limits?
   Yes. Exceptions can depend on the size and layout of the rental, state/local safety codes, and the landlord’s ability to show a valid, non-discriminatory reason.
5. Does Indiana have a specific law about occupancy standards?
   Indiana generally follows federal guidance from the Fair Housing Act and does not have a stricter statewide limit. Local ordinances may apply.

Need Help? Resources for Renters

• Indiana Civil Rights Commission (ICRC): Report discrimination, file complaints, or access fair housing resources
• U.S. Department of Housing and Urban Development (HUD): File a federal fair housing complaint
• Indiana Legal Help: Get legal aid or find a lawyer for fair housing or rental disputes

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1. Indiana Civil Rights Law IC 22-9-1: See official legislation
2. U.S. Fair Housing Act: Read the federal law

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