Louisiana Fair Housing: Reasonable Occupancy Standards Explained

Understanding how many people can legally live together in a rental unit is important for Louisiana renters. If you’ve been told you have too many people living in your home or fear discrimination, knowing your rights under federal and state Fair Housing laws can offer crucial protection. Here’s what you need to know about reasonable occupancy standards in Louisiana and how they apply to your situation.

What Are Reasonable Occupancy Standards?

Reasonable occupancy standards set guidelines on how many people can live in a rental property. These rules help balance health and safety with family rights. In Louisiana, both federal and state laws protect tenants from housing discrimination based on family status, which means landlords cannot refuse to rent or set unfair occupancy limits just because your household has children or is larger in size.

Federal Guidelines: The "Two-Per-Bedroom" Rule

The U.S. Department of Housing and Urban Development (HUD) recommends a general standard: two people per bedroom. However, this is not a strict rule. Factors like:

• Unit size and layout
• Number and size of bedrooms
• Age of children
• Physical limitations of the home
• State and local safety codes

can influence whether a limit is considered "reasonable." Each situation is different.

Louisiana State Law and Discrimination Protection

Louisiana follows federal Fair Housing law under the federal Fair Housing Act as well as its own Louisiana Equal Housing Opportunity Act. These laws make it illegal for landlords to discriminate because of "familial status"—meaning being pregnant, having children, or seeking to live as a family.

If a landlord tries to deny you housing based on family size or applies stricter occupancy limits to families with children than to adult-only households, this could be illegal discrimination.

When Do Occupancy Standards Become Discrimination?

Landlords can set occupancy limits for safety and sanitation (such as maximum number of occupants in small units), but they cannot use these standards to unfairly keep out families or certain renters. For example, refusing to rent a 2-bedroom apartment to a family with two children, while allowing four adults, may be considered discriminatory.

Relevant Forms and How to Use Them

• Housing Discrimination Complaint Form (HUD Form 903):
  Use this form if you believe your landlord is discriminating against you because of family size or applying improper occupancy limits. For example, if your landlord tells you that your two children cannot share a bedroom, you can use this form to start a complaint with HUD.
  File online with HUD here.
• Louisiana Commission on Human Rights Intake Questionnaire:
  Use this to start a state investigation if you believe you’ve faced housing discrimination in Louisiana. This form helps the Louisiana Commission decide whether to formally accept your complaint. Download the official Intake Questionnaire and instructions from the Louisiana Governor’s Office.

How Are Complaints Handled?

The Louisiana Commission on Human Rights is the state authority that investigates and handles complaints regarding housing discrimination. The Commission works with HUD to enforce the federal Fair Housing Act and the Louisiana Equal Housing Opportunity Act.
Complaints are typically investigated within 100 days, but complex cases may take longer.

Where To Find Official Legislation

• Louisiana Equal Housing Opportunity Act (La. R.S. § 51:2601 et seq.)
• Federal Fair Housing Act Title VIII

Frequently Asked Questions

1. How many people can legally live in a rental unit in Louisiana?
   Generally, two people per bedroom is considered reasonable, but there are exceptions based on the size and configuration of the home, and local codes may also apply.
2. Can my landlord deny me because I have children?
   No. Federal and Louisiana law protect against discrimination based on familial status, including refusing to rent or setting stricter rules because you have kids.
3. What can I do if I think an occupancy rule is being used to discriminate against me?
   You can file a complaint with HUD or the Louisiana Commission on Human Rights using an official complaint form as described above.
4. Do local city occupancy codes override fair housing law?
   Local health and safety codes must be followed, but they cannot be enforced in a way that discriminates against families as defined by state and federal law.
5. Where can I get help if my landlord is violating occupancy standards?
   You can contact the Louisiana Commission on Human Rights or HUD for support and further investigation.

Need Help? Resources for Renters

• Louisiana Commission on Human Rights — Handles investigations and enforces state fair housing laws.
• HUD Fair Housing Complaint Process — Step-by-step information and help with federal claims.
• USA.gov Fair Housing Rights — Government guide to fair housing and tenant rights.
• Read the Louisiana Equal Housing Opportunity Act

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1. U.S. HUD: Fair Housing Act Overview
2. Louisiana Commission on Human Rights (Official State Tribunal)
3. Louisiana Equal Housing Opportunity Act (La. R.S. § 51:2601 et seq.)
4. HUD Housing Discrimination Complaint Form (903)
5. Louisiana Human Rights Intake Questionnaire

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