How many people can live in a rental unit in North Carolina?

Generally, two people per bedroom is considered reasonable, but local codes and the unit’s size may alter this number. Discrimination against families is not allowed.

Can my landlord refuse to rent to me because of my children?

No. It is illegal for landlords to deny housing solely due to the presence or number of children, unless local occupancy laws are genuinely exceeded.

What should I do if my landlord sets strict occupancy limits?

Compare the rules to local codes. If you believe they are unfair or discriminatory, file a complaint with the North Carolina Human Relations Commission.

Who handles fair housing complaints for renters in North Carolina?

The North Carolina Human Relations Commission is the official agency for fair housing complaints.

Is there a form for reporting occupancy-related discrimination?

Yes, renters can use the Fair Housing Complaint Form from the North Carolina Human Relations Commission.

North Carolina Occupancy Rules: What Renters Need to Know

Discrimination & Fair Housing Laws North Carolina published: June 21, 2025

Understanding how many people can legally live in a rental is important for both comfort and compliance. In North Carolina, occupancy standards must follow fair housing laws–protecting renters from discrimination while allowing landlords to set reasonable limits. If you're unsure what 'reasonable' means or suspect unfair restrictions, this guide for North Carolina renters can help.

What Are Reasonable Occupancy Standards?

"Reasonable occupancy standards" outline how many people can occupy a rental unit without violating health, safety, or fair housing laws. In North Carolina, landlords may set occupancy rules, but these must meet local health and safety codes and cannot discriminate based on your family status or other protected categories.

Federal guidelines: The U.S. Department of Housing and Urban Development (HUD) often references two persons per bedroom as a general rule, but exceptions exist.
State and local law: North Carolina follows HUD’s protections, and local codes may have their own requirements.
Discrimination forbidden: Under both federal and North Carolina Fair Housing Act protections, families with children can’t be unfairly restricted from renting due to family size.^[1]

For example, it is usually not legal for a landlord to refuse to rent a two-bedroom unit to a family of four simply because of the number of children, unless doing so would violate building or fire codes.

The Role of State and Local Codes

Specific occupancy maximums may be set by city or county health departments, especially in larger towns. In North Carolina, these are often based on:

The size and square footage of bedrooms
Overall square footage of the unit
Local or city ordinances

Landlords cannot apply these standards in a way that discriminates against families or other protected groups. For details, see the North Carolina Housing Finance Agency resources.^[2]

What to Do If You Face Unfair Occupancy Restrictions

If you believe a landlord is unfairly limiting your family size or using occupancy standards to discriminate, you can file a complaint.

Gather documents such as the lease, written communications, and any notices about occupancy limits.
Check your local city's codes for bedroom and occupant guidelines to compare with your situation.

How to File a Fair Housing Complaint

You have the right to report possible discrimination. Here’s how North Carolina renters can take action:

Contact the North Carolina Human Relations Commission (the official agency handling Fair Housing complaints).
Submit the Fair Housing Complaint Form (Form available as a PDF on the NCHRC website).

Example: If a landlord tells you that the property has a "two children minimum" or won’t let your teenager and toddler share a bedroom, you can use the Fair Housing Complaint Form to start an investigation.

If you’re not sure whether your situation qualifies, contact the North Carolina Human Relations Commission—they provide guidance for both informal issues and formal complaints.

Common Occupancy Standards and Exceptions

Typical standard: Two persons per bedroom, per HUD guidelines
Exceptions: If the unit is large (or small), ages of children, or special needs may be considered
Health or safety: Standards cannot be stricter than local health/fire codes, but landlords can enforce codes equally for all renters

State law (see Chapter 42 of North Carolina General Statutes) prohibits discrimination in rental housing and protects your right to a safe and reasonable home.^[3]

Relevant Forms and When to Use Them

Fair Housing Complaint Form (no official number): Used when you believe you’ve faced occupancy discrimination. Download from the NCHRC.

To use this form, describe your situation, provide documentation, and submit it to the North Carolina Human Relations Commission. They will review your claim and may launch an investigation or offer mediation.

Important Renter Rights Under North Carolina Law

Your landlord cannot set occupancy standards only to exclude families with children.
Laws and codes are meant to protect safety, not to discriminate.
If you need an exception—for example, for additional caregivers or due to a disability—you can request a reasonable accommodation under the Fair Housing Act.

If you ever feel your rights are at risk, reach out to state agencies for advice before taking action.

Frequently Asked Questions

How many people can live in a rental unit in North Carolina?
Usually, two people per bedroom is considered reasonable, but local building codes and the unit’s size may affect this number. Discrimination against families is not allowed.
Can my landlord refuse to rent to me because of my children?
No. It is illegal for landlords to deny housing solely due to the presence or number of children, except where local occupancy codes are genuinely exceeded.
What should I do if my landlord sets strict occupancy limits?
Check your local health or housing codes, and if you believe the rule is discriminatory, file a complaint with the North Carolina Human Relations Commission.
Who oversees tenancy disputes in North Carolina?
The North Carolina Human Relations Commission investigates fair housing complaints, and local courts handle general landlord-tenant disputes.
Is there an official form for reporting occupancy discrimination?
Yes, use the Fair Housing Complaint Form available from the Commission.

Key Takeaways for North Carolina Renters

Occupancy rules must be reasonable and non-discriminatory
If you suspect unfair treatment, gather evidence and file a complaint with the North Carolina Human Relations Commission
Check both state and local codes for specific requirements

Knowing your rights helps protect you and your family from unfair practices while ensuring your home meets all safety and legal standards.

Need Help? Resources for Renters

North Carolina Human Relations Commission – Fair Housing: File complaints, get information, and access forms.
North Carolina Housing Finance Agency: Educational resources and renter assistance programs.
North Carolina General Statutes, Chapter 42: Full landlord-tenant laws online.

See official Fair Housing information from the North Carolina Human Relations Commission.
Consult North Carolina Housing Finance Agency – Renters for occupancy and discrimination resources.
Statute reference: North Carolina General Statutes Chapter 42 (Landlord and Tenant Act).