New York Renters’ Guide to Fair Housing Occupancy Standards

Understanding how many people can legally live in a rental unit is important for New York renters. Fair Housing laws protect you from discrimination, and state guidelines set out what counts as a reasonable occupancy standard. Knowing your rights can help if you face unfair eviction threats or denial of housing because of your family size.

What Are Reasonable Occupancy Standards?

"Reasonable occupancy standards" refer to the maximum number of people a landlord can legally allow in a rented apartment or house. These rules help prevent overcrowding but should not unfairly limit families or discriminate based on household size. In New York, both federal laws—like the Fair Housing Act—and state laws protect renters from discrimination and set occupancy guidelines.

New York’s Occupancy Guidelines

Generally, New York follows the "two people per bedroom" standard, but this is a guideline—not a strict rule. Courts and agencies consider the size of rooms, unit configuration, and ages of children. For example, two adults and two young children may be allowed in a one-bedroom if the space is adequate. Local building codes and health regulations also matter.

• Landlords cannot use occupancy limits to unfairly refuse families with children. This is considered familial status discrimination, illegal under state and federal law.
• Some cities or counties may have stricter rules about occupancy, so always check your local building or health department.

For a full explanation, see the NYS Division of Human Rights Fair Housing Guide.

What Landlords Can and Cannot Do

• Set policies based on objective space and safety concerns, not to exclude families or specific groups
• Request information about how many people will live in the unit
• Cannot set occupancy standards that differ from local codes or the two-per-bedroom guideline in order to keep out children

If you think your application is being denied or you're threatened with eviction because of your household size, you may have grounds for a fair housing complaint.

Filing a Fair Housing Discrimination Complaint

If you believe a landlord has unfairly discriminated against you due to unreasonable occupancy standards, you can file a complaint with the New York State Division of Human Rights (DHR), which is the main tribunal handling housing discrimination matters.

• Form Name: NYS Division of Human Rights “Complaint Form” (no specific number)
• When to use: If you are being denied housing, threatened with eviction, or otherwise treated unfairly based on household size or composition.
• How to use: Fill out the online or printable version of the Complaint Form, describing the discriminatory action, and submit it through the official NYS DHR portal.

After you file, DHR will investigate and, if needed, may hold a hearing, order remedies, or refer the matter as appropriate.

Key Legislation Protecting Renters

• The Federal Fair Housing Act prohibits discrimination in housing, including unreasonable occupancy restrictions.
• New York State Real Property Law and New York State Human Rights Law offer further protections at the state level.

Together, these laws ensure you are protected from discrimination and arbitrary occupancy limits as a renter in New York.

Always ask your landlord for the exact reason if your application or lease renewal is denied based on occupancy. If their answer does not fit city, state, or federal guidelines, you may have legal grounds to challenge it.

Frequently Asked Questions

1. What is the “two per bedroom” rule in New York?
   Most landlords follow the HUD guideline of two people per bedroom, but exceptions are possible based on room size, layout, and family circumstances. It is not an absolute rule, and both state and city codes may affect the actual limit.
2. Can a landlord refuse a family with children?
   No. Refusing to rent or evicting a family solely because of children or household size is considered illegal familial status discrimination under both New York and federal law.
3. What if my landlord threatens eviction for being “overcrowded”?
   If you feel the occupancy standard is being used unfairly, first check local codes and guidelines. If you meet those standards, you can file a complaint with the NYS Division of Human Rights.
4. Where do I file a discrimination complaint in New York?
   Complaints about unreasonable or discriminatory occupancy limits should be filed with the NYS Division of Human Rights.
5. Are there any official forms I need?
   Yes. Use the NYS Division of Human Rights Complaint Form to report discriminatory practices. This form is available online and as a printable PDF.

Conclusion: What New York Renters Should Remember

• New York renters are protected against discriminatory occupancy limits under state and federal law.
• Check your city and county codes for exact limits, but the "two per bedroom" rule offers a basic guideline.
• You can file a complaint with the NYS Division of Human Rights if you believe you have been treated unfairly.

If you run into problems or unfair treatment, don’t hesitate to seek advice or file an official complaint. Knowing the rules helps keep your renting experience fair and lawful.

Need Help? Resources for Renters

• New York State Division of Human Rights (DHR) — The main tribunal for fair housing and discrimination complaints
• NYS Homes and Community Renewal: Renter Protections — Information about tenant rights and protections
• NYC Commission on Human Rights — Additional resources for New York City renters
• HUD Fair Housing Complaint Process — File at the federal level if needed

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1. New York State Human Rights Law (Executive Law Article 15)
2. Federal Fair Housing Act (42 U.S.C. §§ 3601–3619)
3. New York State Real Property Law § 236

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