Kansas Fair Housing: Understanding Occupancy Limits

If you rent in Kansas, you have rights and protections under both federal fair housing laws and state landlord-tenant rules. One issue many renters face is occupancy standards—basically, how many people can legally live in a rental unit. This guide breaks down what is considered reasonable in Kansas, how these limits are set, and how to deal with possible discrimination if a landlord sets unfair occupancy restrictions.

What Are Occupancy Standards and Why Do They Matter?

Occupancy standards are the rules that landlords or property managers use to decide how many people can live in a rental unit. Guidelines are meant to keep properties safe, ensure adequate facilities, and avoid overcrowding—but they cannot be used to discriminate against renters based on family status or other protected characteristics.

Federal Laws Affecting Kansas Renters

The federal Fair Housing Act prevents discrimination based on race, color, national origin, religion, sex, disability, and familial status—which means families with children are protected. Landlords assigning unrealistic occupancy limits, such as "no more than two people in a two-bedroom," may violate these protections.

• The U.S. Department of Housing and Urban Development (HUD) views the so-called "two-person per bedroom" rule as a general guideline, not a strict limit. Other factors—like apartment size or configuration—may allow more or fewer occupants.¹
• Refusing to rent to families with children by imposing overly strict occupancy rules may be considered discrimination under the Fair Housing Act.

Kansas State Rules on Occupancy Standards

Kansas does not have a law specifying exact occupancy limits. However, most landlords follow guidance set by local building codes or rely on HUD’s standards. Always review your lease; if in doubt, ask your landlord in writing which standards apply to your unit.

• Kansas only enforces occupancy rules that are "reasonable," and must not be used to exclude families with children.
• For city-level specifics, check your local code. For example, some areas use a standard of "no more than two people per bedroom," while others set square footage minimums—such as 70 square feet for the first occupant and 50 for each additional person in a sleeping room.
• The Kansas Attorney General’s Landlord-Tenant Division provides general guidelines and links to local codes.

When Is an Occupancy Limit Unreasonable or Discriminatory?

If a landlord’s occupancy policy excludes children or arbitrarily restricts the number of people allowed based on family status, this may violate your fair housing rights. For example, a rule saying "only two people allowed in any apartment regardless of size" could be considered discriminatory.

• Policies must be applied fairly, and exceptions may be needed for reasonable accommodations (such as disability access).
• Ask the landlord for written clarification if you believe a limit is too strict.

If you feel an occupancy rule is used to discriminate, you have the right to file a complaint with state or federal authorities.

Filing a Fair Housing Complaint in Kansas

You can file a complaint if you think your landlord violated occupancy law or your right to rent as a family. Here’s an overview:

• Form: HUD Housing Discrimination Complaint Form (HUD-903)
• File directly online with HUD or via the PDF form HUD-903
• Example: If a landlord says, "No more than two people in any apartment," and you have two adults and a child, you may use this form to start your complaint process.
• The Kansas Attorney General’s Office can also provide support and guide you through filing at the state level.

Which Agency Handles Rental Disputes?

Kansas does not have a standalone rental board or tribunal. Disputes related to rental housing are generally overseen by local courts, but the Kansas Attorney General’s Landlord-Tenant Division is the main public authority for landlord-tenant help, complaint intake, and resource guidance.

Relevant Legislation in Kansas

• Kansas Residential Landlord and Tenant Act governs rentals and most rights for renters and landlords statewide.
• The federal Fair Housing Act protects against unfair occupancy rules based on protected characteristics.

If you face what you believe to be unreasonable limits or feel targeted because of family size, ask for the specific regulation your landlord is following—having this in writing can help with your case.

FAQ: Occupancy Standards and Renter Rights in Kansas

1. Can my landlord set any occupancy limit they want in Kansas?
   Landlords must follow "reasonable" standards—usually based on local building codes or HUD guidelines. Any policy that seems designed to exclude families with children or is much stricter than local norms may be illegal.
2. How many people can live in a two-bedroom apartment in Kansas?
   There is no state law setting an exact number. The general guideline is two people per bedroom, but apartment size and configuration matter. Local codes may set their own requirements.
3. What should I do if my landlord says my family is too large for the space?
   Ask the landlord to provide their occupancy policy in writing and cite local building code or HUD standards. If you think the rule discriminates against families, you can file a fair housing complaint with HUD or the Kansas Attorney General.
4. Are there exceptions for newborns or temporary visitors?
   Most occupancy rules allow for reasonable exceptions for newborns or short-term guests, but check your lease and local ordinances for specifics.
5. Does Kansas have an official department for rental disputes?
   No, Kansas rental disputes go through local courts, but the Kansas Attorney General’s Landlord-Tenant Division offers guidance and can help with complaints.

Conclusion: Key Takeaways for Kansas Renters

• Occupancy rules must be reasonable and not discriminate based on family size or protected status.
• There is no firm statewide standard—always check your local codes and ask for occupancy policy details in writing.
• You have the right to file a complaint if you believe an occupancy rule is discriminatory under federal or Kansas law.

If you are ever unsure about your rights, connect with the Kansas Attorney General’s office or federal HUD for official advice.

Need Help? Resources for Renters

• Kansas Attorney General Landlord-Tenant Division – Main resource for Kansas rental disputes, forms, and guidance.
• HUD Fair Housing Complaint Process – Federal support for discrimination complaints.
• Kansas Online Consumer Complaint Form – For filing consumer or rental-related complaints with the state.

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1. "Occupancy Standards Under the Fair Housing Act", U.S. Department of Housing and Urban Development, read the HUD Occupancy Guidance
2. Kansas Residential Landlord and Tenant Act, Kansas Landlord-Tenant Law

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