Louisiana Occupancy Limits and Overcrowding Laws Explained

Understanding how many people can legally live in a rental unit is essential for both renters and landlords in Louisiana. Overcrowding can cause safety risks, lease violations, or even legal penalties, so knowing the state’s occupancy laws keeps you protected and informed.

Understanding Occupancy Limits in Louisiana Rentals

Occupancy limits are rules that govern how many people can live in a rental unit. In Louisiana, these limits are primarily based on local city or parish housing codes, federal standards under the Fair Housing Act, and any terms set out in your lease agreement.^[1]

• Local Codes: Your city or parish in Louisiana may set minimum space requirements per person in a rental unit.
• Lease Agreements: Most leases will specify a maximum number of occupants per bedroom or unit.
• Federal Guidelines: The generally accepted standard is two persons per bedroom, with exceptions for children and familial status.^[2]

Why Occupancy Limits Exist

These laws aim to protect renters’ health and safety by preventing overcrowded, unsafe living conditions. They also help ensure buildings are not strained beyond capacity.

Overcrowding: What It Means and Why It Matters

Overcrowding means more people are living in a rental than legally allowed. This can happen unintentionally – for example, if a family grows or roommates bring in more people. Overcrowding could put you at risk of lease violations, fines, or even eviction if not addressed.

Laws, Codes, and Best Practices

Louisiana does not have a single, statewide occupancy law. Instead, occupancy is regulated by a mix of local housing codes and federal standards. Here’s what typically applies:

• Local Regulations: Many Louisiana cities use the International Building Code (IBC), which recommends at least 70 square feet for the first occupant in a bedroom and 50 square feet per additional person.
• HUD/Fair Housing Standard: U.S. Department of Housing and Urban Development suggests a guideline of two people per bedroom (with possible flexibility for children).^[2]
• Lease Terms: Always check your lease to see what limits your landlord has set. These must still comply with local and federal protections against discrimination.

Tip: If you’re ever unsure whether your home is overcrowded, ask your local housing authority or landlord for clarification.

Who Enforces Occupancy and Overcrowding Laws in Louisiana?

Enforcement is typically handled by:

• Your local city or parish housing authority
• Statewide: Louisiana Housing Corporation
• Discrimination: The U.S. Department of Housing and Urban Development (HUD) for Fair Housing complaints

There is no dedicated state tribunal for landlord-tenant disputes in Louisiana. Rental disputes are typically handled in local civil or parish courts.

Common Official Forms and How Renters Use Them

• Fair Housing Complaint Form (HUD Form 903): Used if you feel occupancy limits are enforced in a way that discriminates against your family, such as based on the number or age of your children.
  • When to use: If your landlord tries to evict you or refuses to rent to you because you have children and claims it's due to occupancy limits.
  • How to file: Complete the HUD Discrimination Complaint Form online, by mail, or by phone.
• Local Housing Code Violation Report: Used to report suspected overcrowding or unsafe housing conditions to your parish/city housing inspector.
  • When to use: If you believe too many people live in a unit and it’s a health or safety risk (for example, in a shared rental situation).
  • How to file: Visit your local parish or city housing authority website to find and submit the form. For New Orleans: Housing Code Enforcement, City of New Orleans.

What Renters Should Do If Facing Overcrowding Issues

If you receive a notice or warning about too many occupants, here are the steps you can take:

• Check your lease and local occupancy codes.
• Communicate with your landlord to discuss who is considered an official occupant or guest.
• Contact your local housing authority if you need clarification.
• If you feel occupancy limits are being used to discriminate, file a complaint with HUD.

Frequently Asked Questions (FAQ) about Occupancy Limits in Louisiana

1. How many people can legally live in a Louisiana rental unit?
   The standard guideline is two people per bedroom, but check your city or parish codes and lease agreement for local variations.
2. Can landlords set stricter occupancy limits than the law?
   Landlords may set reasonable limits in the lease, but they cannot discriminate against families or protected groups under the Fair Housing Act.
3. If my landlord says my home is overcrowded, what should I do?
   First, check your lease and local codes. If you believe you are within legal limits or are being unfairly treated, seek advice from your local housing authority or file a Fair Housing Complaint.
4. Are children counted toward occupancy limits?
   Generally, yes. However, landlords cannot set policies that discriminate against families with children.
5. Which authority deals with tenant-landlord disputes in Louisiana?
   Most disputes are handled in local civil or parish courts, not a specific tenant tribunal.

Key Takeaways for Louisiana Renters

• Occupancy limits are usually set by local codes, federal guidelines, and your lease.
• Overcrowding can put your lease and safety at risk—always check the rules before adding new roommates or family members.
• If you suspect a violation or discrimination, official complaint forms and support services are available.

Being aware of occupancy and overcrowding rules will help Louisiana renters stay safe, legal, and secure in their homes.

Need Help? Resources for Renters

• Louisiana Housing Corporation – Renters Resources
• HUD Fair Housing and Equal Opportunity
• Local city or parish housing code enforcement offices (check parish/city government websites)
• To file housing complaints: Louisiana renters generally use their local civil or parish courts
• More on your rights: Louisiana Civil Code – Landlord & Tenant

---

1. See: Louisiana Civil Code: Lease of Things, Title IX
2. HUD: Guidance on Occupancy Standards Under the Fair Housing Act

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