Can a landlord limit the number of people living in my apartment in Minnesota?

Yes, but landlords must use reasonable, non-discriminatory standards that comply with state and local occupancy laws.

Does the "two persons per bedroom" rule always apply in Minnesota?

No. It's a guideline. Real occupancy limits depend on unit size, configuration, and local codes.

What should I do if denied housing because of family size?

You can file a fair housing complaint with the Minnesota Department of Human Rights or HUD.

Which court resolves Minnesota rental disputes?

The Minnesota Housing Court, part of the District Court, handles tenant-landlord disputes.

Are there official forms for reporting occupancy discrimination in Minnesota?

Yes. Use the Minnesota Department of Human Rights Intake Packet or HUD Form 903, depending on your situation.

Minnesota Fair Housing: Reasonable Occupancy Standards Explained

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

Understanding reasonable occupancy standards is important for Minnesota renters. These standards help make sure that landlords set fair limits on how many people can live in a rental unit, without discriminating based on family size or status. This article unpacks your rights and protections under both federal and Minnesota fair housing laws, offering practical tips for tenants and guidance on what to do if you feel your occupancy rights are being violated.

What Are Reasonable Occupancy Standards?

Occupancy standards set the maximum number of people allowed to live in a rental home or apartment. Federal and state laws aim to prevent landlords from setting unfair limitations that might exclude families with children or other protected groups.

Under the federal Fair Housing Act, landlords cannot refuse to rent or set unreasonably low occupancy limits based on familial status, which protects families with children.
Minnesota's Landlord and Tenant Law (Minnesota Statutes, Chapter 504B) also provides protections for renters, including against unfair occupancy standards.

Common Occupancy Guidelines

While there's no single rule for everyone, the U.S. Department of Housing and Urban Development (HUD) suggests a general guideline of "two persons per bedroom" as a reasonable standard. However, this is not absolute. Minnesota landlords must also consider:

The size and layout of the unit
The age of children residing there
Local building or housing codes, which may vary by city
Physical limitations such as plumbing or infrastructure

This means that if your family slightly exceeds the "two per bedroom" guideline, you may still be within your rights if the residence is large enough and you meet locality codes.

Discrimination and Your Rights as a Renter

It is illegal for a landlord to reject your rental application, evict you, or otherwise treat you unfairly solely because of the number or ages of your children, so long as you do not exceed reasonable legal standards or violate health/safety codes.

Tip: If you suspect you’ve been denied housing or faced different terms because of who lives with you—especially children—document the conversation and gather written evidence. This helps if you later need to file a complaint.

What to Do If You Suspect a Violation

If you believe an occupancy standard was applied unfairly, you can:

Contact your local housing inspector or city building department to ask about local codes
Communicate directly with your landlord for clarification or to resolve concerns
File a complaint with the Minnesota Department of Human Rights
File a complaint with the U.S. Department of Housing and Urban Development (HUD)

Required Forms and When to Use Them

Here are essential forms for Minnesota renters:

Fair Housing Complaint Form (MDHR):
Minnesota Department of Human Rights Intake Packet
When to use: If you believe a landlord is discriminating based on family status or occupancy limits, complete this form and submit it to start the investigation process. For example, if you’re told you can't rent due to having three children in a 2-bedroom apartment, and you believe it's unreasonable, you would use this form.
HUD Housing Discrimination Complaint Form (Form 903):
HUD Online Complaint Form
When to use: If the issue involves federal fair housing protections and you wish to file directly with HUD. For example, your landlord applies a "one child per bedroom" rule—stricter than recommended guidelines.

Which Tribunal Handles Rental Disagreements?

The main tribunal for rental issues in Minnesota is the Minnesota Housing Court, part of the District Court system. If early steps don't resolve the issue, housing court is where formal disputes between tenants and landlords are decided.

Relevant Minnesota Tenancy Legislation

Minnesota's rules for occupancy, discrimination, and rental agreements are set out in the Minnesota Statutes, Chapter 504B – Landlord and Tenant. This law explains both landlord and tenant responsibilities and rights.

How to File a Housing Discrimination Complaint in Minnesota

If you experience or suspect unfair occupancy standards, you can take action. Here's a summary of common steps:

Speak with your landlord to try to resolve the situation
Gather evidence: Write down dates, keep emails or letters, and document conversations
Check your local city's building and health codes for official occupancy rules
Complete the appropriate complaint form
Submit your form to the Minnesota Department of Human Rights or file with HUD if the issue is federal

Both agencies offer support to guide you through the process.

Frequently Asked Questions for Minnesota Renters

Can a landlord limit the number of people living in my apartment in Minnesota?
Yes, but landlords must apply reasonable, non-discriminatory standards based on unit size and local codes—not arbitrary rules.
Does the "two persons per bedroom" rule always apply?
Not always. It is a guideline, but actual allowed occupancy may vary depending on your apartment's size, layout, and local health or safety regulations.
What should I do if denied housing because of my family size?
You can file a complaint with the Minnesota Department of Human Rights or HUD if you believe the reason violates fair housing laws.
Which court handles Minnesota rental disputes?
The Minnesota Housing Court, a division of District Court, decides rental and fair housing disputes in Minnesota.
Are there specific forms for reporting occupancy discrimination in Minnesota?
Yes. Use the Minnesota Department of Human Rights Intake Packet or HUD Form 903 for your complaint, depending on whether it's a state or federal issue.

Key Takeaways for Minnesota Renters

You are protected by Minnesota law and the Fair Housing Act from unreasonable occupancy limits and family discrimination.
Know your rights, check local codes, and act if you suspect discrimination.
Official complaint forms and support are available from the state and HUD.