Can a landlord set stricter occupancy limits than state law?

Usually not—Massachusetts landlords cannot enforce stricter occupancy limits than those in the State Sanitary Code unless required by local ordinances.

Are children counted the same as adults for occupancy rules?

Yes, Massachusetts law generally counts all occupants equally for space requirements, regardless of age.

What should I do if a landlord claims I have too many people living in my rental?

Compare your household size to the legal occupancy standards. If you comply, inform your landlord in writing and contact MCAD or your Board of Health if the problem continues.

What protections exist against eviction for overcrowding?

If you comply with Massachusetts occupancy standards, you are protected. Unlawful eviction attempts can be challenged through MCAD or the housing court.

Where can I see the official Massachusetts occupancy laws?

See the State Sanitary Code and local occupancy ordinances for official standards.

Massachusetts Fair Housing: Reasonable Occupancy Standards Explained

Discrimination & Fair Housing Laws Massachusetts published: June 21, 2025

Many renters wonder how many people can legally live in an apartment or rental home—especially in Massachusetts, where housing demand is high. "Reasonable occupancy standards" set limits on how many people can live in a rental unit, but these rules must comply with fair housing laws designed to prevent discrimination.

What Are Reasonable Occupancy Standards?

Reasonable occupancy standards refer to limits on the number of people who can live in a rental unit. These standards aim to ensure both safety (like preventing overcrowding) and fairness under the law. In Massachusetts, landlords must follow both state and federal guidelines while also respecting renter rights under fair housing laws. The federal Fair Housing Act and Massachusetts laws prohibit discrimination against protected classes, including families with children.^[1]

Federal Guidance Under the Fair Housing Act

The U.S. Department of Housing and Urban Development (HUD) uses a "two-persons-per-bedroom" guideline, but this is not a rigid rule. Other factors—such as unit size, configuration, and local ordinances—must be considered.^[2]

Two-person-per-bedroom guideline: Generally, two people per bedroom are allowed, but exceptions may apply for very large bedrooms or when children are involved.
Additional rooms, like dens or living rooms, may sometimes count as sleeping areas depending on the unit layout.
Local health or building codes may set minimum square footage per person or other specific requirements.

Massachusetts State Rules

Massachusetts law prohibits landlords from refusing to rent to families with children, so imposing occupancy limits that unfairly impact families can violate anti-discrimination laws. The statewide State Sanitary Code, enforced by the local Board of Health, regulates minimum square footage and conditions:

No more than three persons per sleeping room
Every dwelling must contain at least 150 square feet of floor space for the first occupant and at least 100 square feet for each additional occupant
Sleeping rooms must have at least 70 square feet for one person, 100 square feet for two people

These are minimum requirements—local cities or towns may have stricter rules.

How Do Occupancy Standards Relate to Discrimination?

Limiting occupancy is not allowed as a pretext for discrimination, particularly against families with children or protected classes. In Massachusetts, refusing to rent to a family because of occupancy standards that don't follow the State Sanitary Code or are stricter than necessary can result in a fair housing complaint.

Tip: If you feel you've been denied housing or threatened with eviction because of how many people live in your household—and you meet the state's occupancy standards—you may have grounds for a fair housing complaint.

How to File a Complaint If You Face Occupancy Discrimination

Both HUD and the Massachusetts Commission Against Discrimination handle complaints about improper occupancy standards or other fair housing issues.

Massachusetts Commission Against Discrimination (MCAD)

Official Tribunal/Agency: Massachusetts Commission Against Discrimination (MCAD)

Form Name: Complaint of Discrimination
How it's used: Tenants who believe a landlord discriminated against them regarding occupancy standards (or any protected category) can submit this form.
Official source & link: How to File a Complaint of Discrimination (MCAD)

Example: A renter is told by a landlord that only two people can live in a two-bedroom unit, even though state code would allow more. The renter can fill out the MCAD form to make an official complaint.

Filing With HUD

Federal complaints can also be submitted:

Form Name: HUD Form 903 Online Complaint
How it's used: For instances where fair housing discrimination may have occurred, including over- restrictive occupancy standards.
Official source & link: Submit a Housing Discrimination Complaint (HUD)

What to Do If Your Household Grows or Your Landlord Challenges Your Occupancy

If your family size changes or your landlord raises concerns about occupancy limits:

Review the state sanitary code and your local occupancy ordinance
Document all communications with your landlord
Contact your city or town Board of Health for verification or clarification
If you believe your rights are being violated, contact MCAD or HUD to discuss or file a complaint

Clear documentation and knowledge of your rights are your best defenses.

FAQ: Massachusetts Renters and Occupancy Standards

Can a landlord set stricter occupancy limits than state law?
Usually not—landlords in Massachusetts cannot enforce stricter occupancy limits than those found in the State Sanitary Code unless local ordinances require it.
Are children counted the same as adults for occupancy rules?
Yes, in terms of space requirements, Massachusetts law generally counts all occupants equally, regardless of age.
What should I do if a landlord claims I have "too many people" living in my rental?
Check your unit's size against state and local codes. If you are within legal limits, inform your landlord in writing. If the issue continues, contact MCAD or your local Board of Health.
What protections exist against eviction for "overcrowding"?
If you comply with existing standards and codes, you are protected under fair housing laws. Unlawful eviction attempts can be challenged through MCAD or the housing court.
Where can I see the official Massachusetts occupancy laws?
Review the State Sanitary Code regulations and local codes.

Key Takeaways for Renters

Massachusetts sets clear minimum occupancy standards under the State Sanitary Code that most landlords must follow
Discriminatory occupancy limits—especially those designed to exclude families—are not allowed
If you believe you've been treated unfairly, you can file a complaint with MCAD or HUD

Need Help? Resources for Renters

Massachusetts Commission Against Discrimination (MCAD): File fair housing complaints and learn about your rights.
How to File a Discrimination Complaint (MCAD)
File a Fair Housing Complaint with HUD
Local Boards of Health: For questions about sanitary and occupancy codes
Massachusetts General Laws Chapter 111, Section 127A: Sanitary Code

Fair Housing Act, 42 U.S.C. 3601 et seq.; Department of Justice: Fair Housing Act
HUD Notice on Occupancy Standards
105 CMR 410: Minimum Standards of Fitness for Human Habitation (State Sanitary Code)
MGL c.111, § 127A: State Sanitary Code