Montana Fair Housing: Reasonable Occupancy Standards Explained

Understanding how many people can live in your Montana rental is important for both comfort and legal protection. In Montana, reasonable occupancy standards must follow federal fair housing laws and state rules. This article explains what renters should know about occupancy limits, what counts as discrimination, and how to act if your rights are violated.

What Are Reasonable Occupancy Standards?

Occupancy standards determine how many people (adults and children) can legally live in a rental unit. Montana follows the federal guidelines set by the Department of Housing and Urban Development (HUD), which generally recommend a maximum of two people per bedroom. However, landlords must consider the size of spaces, unit layout, and local safety codes instead of enforcing strict headcounts.

• "Two-per-bedroom" is a starting guideline, not a strict rule
• Extra large rooms, open spaces, or flexible layouts may permit more occupants
• Occupancy limits cannot discriminate against families with children

Fair Housing Protections in Montana

Federal and Montana law protect renters from discrimination based on "familial status" (having children or being pregnant). Landlords cannot impose lower occupancy limits just because a household includes children. Discriminatory rules may violate the Montana Fair Housing Act and the federal Fair Housing Act.^[1]

• Restrictions must be for genuine health and safety, not to exclude families
• Evicting or refusing to rent based on family size can be challenged

How are Occupancy Standards Enforced?

While individual landlords may have their own written rules, those rules must align with:

• Local building and fire safety codes (for example, total square footage requirements)
• State and federal nondiscrimination laws

If your landlord is trying to enforce an occupancy limit you believe is unfair or discriminatory, you have the right to seek help or file a formal complaint.

Forms and How to Take Action

If you believe your landlord has set unreasonable occupancy standards or is discriminating against you based on your family status, you can make a complaint to the Montana Human Rights Bureau.

• Form Name: Montana Housing Discrimination Complaint Form
  How It's Used: Renters use this form to file complaints about housing discrimination, including issues related to occupancy or familial status.
  Example: If your landlord refuses your application because you have two children and says the two-bedroom apartment is "adults only," you can submit this form.
  Montana Housing Discrimination Complaint Form (PDF)

You can submit the form by mail, fax, or in person to the Montana Human Rights Bureau, which handles discrimination complaints regarding rental housing.

Your Rights in Practice: Examples

• If your family includes three people and you want to rent a one-bedroom, the landlord may review safety codes before deciding. They can't reject you solely because you have a child.
• Being told, "Children aren't allowed in this apartment," is clear discrimination and should be reported.

Montana law ensures protection for renters with families under reasonable circumstances. If you need to challenge an occupancy limit, you have the right to official review.

FAQ: Reasonable Occupancy Standards in Montana Rentals

1. How many people can live in a Montana rental unit?
   Montana typically follows a "two people per bedroom" guideline, but the actual limit may depend on the unit's size, design, and local safety codes.
2. Can a landlord limit the number of children in my household?
   No. Landlords cannot set stricter limits for families with children or treat families differently from other renters.
3. What should I do if I experience discrimination over occupancy?
   Gather evidence and file a complaint with the Montana Human Rights Bureau using their official form.
4. Are there exceptions to occupancy rules for safety?
   Yes, landlords can consider genuine safety issues, such as overcrowding according to fire codes, but not simply preferences against families.
5. What law protects me from family-based discrimination?
   The Montana Human Rights Act and the federal Fair Housing Act protect against this kind of discrimination.

Conclusion: Key Takeaways for Montana Renters

• Landlords must follow state and federal rules on occupancy standards and may not discriminate against families.
• Most rentals use the "two per bedroom" guideline, but exceptions exist for space or special circumstances.
• Filing a complaint with the Human Rights Bureau is your right if you face unfair treatment.

Knowing your rights about Montana rental occupancy can protect you and your family. Stay informed, and don't hesitate to ask for help if you believe your rights are being violated.

Need Help? Resources for Renters

• Montana Human Rights Bureau: Handles all fair housing and discrimination complaints for residential tenants.
• Montana Human Rights Act (Title 49, Chapter 2, Part 3): Read the full state laws protecting renters from discrimination.
• HUD Office of Fair Housing and Equal Opportunity: National resources for housing rights and filing federal complaints.
• Montana Judicial Branch: For tenant-landlord disputes that need court involvement.

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1. See: HUD Guidelines on Occupancy Standards and Montana Human Rights Act (Title 49, Chapter 2, Part 3).

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