Kentucky Fair Housing: Understanding Reasonable Occupancy Standards

Every renter deserves a safe and fair living environment. In Kentucky, the law outlines specific rules about how many people can live in a rental unit. These are called occupancy standards, and they're closely tied to fair housing and anti-discrimination protections. Understanding your rights under Kentucky and federal law empowers you to recognize — and respond to — unfair limitations on your household size.

What Counts as a Reasonable Occupancy Standard?

Occupancy standards determine the maximum number of people allowed to live in a rental unit. In Kentucky, there is no statewide "one-size-fits-all" rule, but both federal and state guidelines apply. The most commonly referenced guidelines derive from the U.S. Department of Housing and Urban Development (HUD), suggesting "two persons per bedroom" as a general rule. However, this is not strict law; landlords must also consider factors like:

• The size and configuration of bedrooms and living areas
• Overall unit size and amenities
• Age of children occupying the unit
• State or local building and health codes

Importantly, landlords cannot set occupancy limits that intentionally or effectively discriminate against families with children. This is protected under the federal Fair Housing Act and Kentucky's Kentucky Fair Housing Law.^[1][2]

When Occupancy Limits Become Discrimination

While some occupancy limits may be legitimate (such as local safety codes), others cross the line into illegal housing discrimination, especially if they unfairly limit families with children (familial status discrimination). Kentucky law explicitly follows federal fair housing guidelines.

• Landlords must apply rules fairly and equally to all applicants
• Exceptions may exist for "senior housing" (verified 55+ or 62+ communities)
• Local codes may impose more specific maximums

If you suspect your landlord is using occupancy rules to unlawfully exclude families, you are protected and can take action.

Who Oversees Fair Housing in Kentucky?

The Kentucky Commission on Human Rights (KCHR) is the official board that enforces Kentucky's Fair Housing Law and investigates complaints of housing discrimination.

How to Address Occupancy Discrimination: Complaints and Forms

If you believe a landlord has violated occupancy rules in a way that discriminates, you can file a complaint through either state or federal channels.

• For state cases, use the official Kentucky Commission on Human Rights Housing Discrimination Complaint Form.
• For federal cases, use HUD’s online system or HUD Form 903.1 — Housing Discrimination Complaint.

How and When to Use These Forms

• Kentucky Commission on Human Rights Housing Discrimination Complaint Form
  Use this form if you experienced discrimination (such as being denied housing due to family size) in Kentucky. Example: A landlord tells you "no more than three people in any two-bedroom unit," regardless of unit size, and it seems meant to exclude families with kids. Download, fill out the form, and submit it to KCHR as directed.
• HUD Form 903.1 — Housing Discrimination Complaint
  If you believe federal housing rights were violated, use this form or the online HUD portal, especially for issues impacting multiple states or if local resources aren't responsive.

Your Rights Under Kentucky Landlord-Tenant Law

Kentucky’s rules on residential tenancy are mainly found in the Kentucky Uniform Residential Landlord and Tenant Act (KRS Chapter 383).^[3] Not all counties have adopted this law, so renters should check with their local government or the KCHR for local ordinances affecting occupancy or tenant rights.

Summary

Reasonable occupancy standards should balance privacy, safety, and anti-discrimination. Most Kentucky landlords will follow HUD guidance (generally two people per bedroom), but exceptions and local differences can apply. Any rules set by landlords must be consistently and fairly applied, and they must not unfairly impact families with children.

Frequently Asked Questions about Occupancy Standards in Kentucky

1. Can my landlord refuse to rent to me because I have children?
   No. Under federal and Kentucky law, refusing to rent because you have children is a violation of fair housing protections unless the building meets "senior housing" definitions.
2. What is the "two-persons-per-bedroom" rule?
   It's a guideline, not a strict law, suggesting no more than two people per bedroom. Landlords must consider bedroom sizes and unit layout, and they must avoid rules that exclude families with kids.
3. If I believe I've faced discrimination, where do I file a complaint?
   You can file with the Kentucky Commission on Human Rights or HUD. Forms and links are above.
4. Are there exceptions to occupancy limits in Kentucky?
   Yes. Local building or safety codes, as well as "senior housing" community rules, may lawfully impose different standards.
5. Can a landlord set different occupancy limits for different tenants?
   No. Occupancy standards must be applied fairly to all applicants, without discrimination.

Key Takeaways for Kentucky Renters

• Your right to rent cannot be limited simply because of household size, especially based on familial status.
• Both federal and state law protect you from discriminatory occupancy rules.
• File a complaint with KCHR or HUD if you experience possible discrimination.

Need Help? Resources for Renters

• Kentucky Commission on Human Rights (KCHR): Offers complaint forms, guidance, and fair housing enforcement statewide. Phone: 1-800-292-5566
• U.S. Department of Housing and Urban Development: Office of Fair Housing and Equal Opportunity (FHEO): Federal housing discrimination resources and online complaint system.
• For specific questions on landlord-tenant law, review the Kentucky Uniform Residential Landlord and Tenant Act or contact your local government.

---

1. Federal Fair Housing Act, U.S. Department of Housing and Urban Development
2. Kentucky Fair Housing Law, Kentucky Commission on Human Rights
3. Kentucky Uniform Residential Landlord and Tenant Act (KRS Chapter 383)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations