Maryland Renters: Fair Housing Occupancy Standards Explained

As a Maryland renter, knowing your rights regarding occupancy standards can help protect you from unfair housing decisions and possible discrimination. Understanding what counts as 'reasonable occupancy' under federal and Maryland state law can also guide you if you're facing restrictions from landlords about how many people can live in your home.

What Are Reasonable Occupancy Standards?

Occupancy standards refer to the number of people who may legally live in a rental unit. Landlords sometimes set maximum occupancy limits — but these limits must be "reasonable" and comply with federal and state Fair Housing laws. Reasonable occupancy standards help ensure safe living conditions and prevent unlawful discrimination (such as excluding families with children).

Federal Guidelines: The Keating Memo

The U.S. Department of Housing and Urban Development (HUD) uses a general guideline of two people per bedroom as a "rule of thumb," known as the Keating Memo.^[1] However, occupancy can sometimes be higher based on factors such as room size, unit configuration, ages of occupants, and local laws.

Maryland Law on Occupancy Standards

Maryland law does not set a statewide numerical occupancy standard. Instead, local jurisdictions (like Baltimore City or Montgomery County) usually enforce occupancy through their housing or property maintenance codes. Still, landlords in Maryland must comply with federal Fair Housing Act protections.

• Landlords cannot use occupancy limits as a way to discriminate against families with children or against protected classes under Maryland Fair Housing Laws.^[2]
• Limits more restrictive than two people per bedroom (without good reason) may be considered discriminatory.
• Each county or city may have different rules — always check your local housing code. For example, Maryland Department of Housing and Community Development provides additional guidance and contacts.

When Is an Occupancy Limit Unlawful or Discriminatory?

Discrimination often occurs if a landlord uses occupancy standards:

• To exclude families with children ("familial status")
• To set different rules based on race, national origin, religion, disability, or another protected category

If you believe your landlord's occupancy limit unfairly targets you, you may have a valid Fair Housing complaint.

How to Challenge an Unfair Occupancy Standard

Renters who believe they have faced illegal discrimination or unreasonable occupancy rules can:

• Request the landlord provide the written policy and its basis (local ordinance, fire code, etc.).
• Contact your local housing authority for clarification of rules.
• File a complaint with the Maryland Commission on Civil Rights (MCCR) or HUD.

Official Forms and Action Steps

• Maryland Commission on Civil Rights Intake Questionnaire
  • Form: Housing Discrimination Complaint Intake Questionnaire
  • When/How Used: Complete this form if you believe you've been discriminated against due to unfair occupancy rules. For example: if a landlord refuses your family a two-bedroom apartment, saying only two people (not four) may live there.
  • Download the Official Intake Questionnaire (PDF)
• HUD Housing Discrimination Complaint Form (Form 903)
  • When/How Used: Submit this nationwide if you believe your Fair Housing rights under federal law in Maryland have been violated.
  • File an Online Discrimination Complaint with HUD

Relevant Boards and Legislation

The Maryland Commission on Civil Rights (MCCR) is the agency that investigates claims about housing discrimination, including disputes about occupancy standards. In addition, Maryland's Fair Housing Laws and the federal Fair Housing Act provide tenants with legal protection.^[2][3]

Summary: What Maryland Renters Should Know

Most occupancy rules are based on safety, not discrimination. If you have a large family or need an exception, review your lease, check local ordinances, and seek guidance from state or local housing agencies. If you feel discriminated against, there are clear steps — and forms — to help protect your rights.

Common Questions About Occupancy Standards and Fair Housing in Maryland

1. Can a Maryland landlord limit how many people live in my apartment?
   Landlords may set "reasonable" limits, usually two people per bedroom, but these can't be used to discriminate against families or protected groups. Local safety codes may also set rules.
2. What should I do if I’m denied housing for having too many children?
   Ask for the landlord's written policy and its legal basis, then consider filing a Fair Housing complaint with MCCR or HUD.
3. Who enforces housing discrimination laws in Maryland?
   The Maryland Commission on Civil Rights (MCCR) and the U.S. Department of Housing and Urban Development (HUD) handle complaints.
4. Do local Maryland cities have different occupancy rules?
   Yes. For example, Baltimore City and Montgomery County may have their own housing codes. Check with your city or county government for exact rules.
5. Where can I get help with a housing discrimination form?
   The MCCR offers phone and email support, and local tenants’ organizations may assist with form completion and advice.

Conclusion: Key Takeaways for Maryland Renters

• Reasonable occupancy standards usually mean two people per bedroom, but factors like room size matter.
• Maryland landlords cannot use occupancy rules to discriminate against families or other protected classes.
• If you suspect unfair treatment, official complaint forms and agencies like the MCCR and HUD can help protect your rights.

Need Help? Resources for Renters

• Maryland Commission on Civil Rights (MCCR) Housing Division – File discrimination complaints; get information and assistance. Call 410-767-8600.
• HUD Office of Fair Housing and Equal Opportunity – Learn about federal protections and file a complaint online or by phone (1-800-669-9777).
• Maryland Department of Housing and Community Development: Tenant Rights & Duties – Local ordinances, housing contacts, and renters’ resources.
• Maryland Legal Aid – Free or low-cost legal help for renters facing housing issues.

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1. HUD Keating Memorandum on Reasonable Occupancy Standards
2. Maryland Fair Housing Law, State Government Article §20-702
3. Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968)

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