Oregon Occupancy Standards: What Renters Need to Know

Understanding how many people are allowed to live in a rental unit is important for renters and families in Oregon. Fair housing laws protect against unreasonable limits, but state and local rules also set occupancy standards based on health and safety. This guide explains what renters need to know about reasonable occupancy standards in Oregon, the relevant laws, and how to get help if you believe your rights are being violated.

What Are Occupancy Standards Under Fair Housing?

Occupancy standards limit how many people can live in a rental property. These rules help ensure safety and habitability—but must not discriminate against families or protected groups. In Oregon, both federal and state law shape what is considered "reasonable." Landlords cannot set occupancy policies that violate fair housing rights, especially regarding families with children.

Key Federal and State Protections

• Federal Fair Housing Act: Prohibits discrimination against families with children. Restrictive occupancy rules targeting families may be unlawful.
• Oregon Fair Housing Laws: Oregon law mirrors federal protections, making it illegal to discriminate due to "familial status" (having children under 18).

Official guidance recommends a standard of two persons per bedroom, but additional factors—like room size, unit type, and local ordinances—may justify reasonable variations.^[1][2]

How Do Landlords Set Occupancy Limits in Oregon?

Landlords in Oregon may refer to:

• City and county codes for minimum room and unit sizes
• Oregon’s state law: two persons per bedroom is considered reasonable, but units must also meet building and health codes
• Federal HUD guidance on occupancy standards

Before approving or denying rental based on occupancy, landlords must consider all circumstances—such as total square footage, the presence of infants or very young children, and physical limitations of the unit.

When Is an Occupancy Policy Unreasonable or Discriminatory?

An occupancy standard can violate fair housing laws if it:

• Unnecessarily excludes families with children
• Sets lower limits for certain groups based on race, national origin, or other protected status
• Ignores circumstances like room size, extra living rooms, or age of occupants

How to File a Discrimination Complaint in Oregon

If you believe you've faced discrimination due to an unreasonable occupancy standard, you have options for action. In Oregon, complaints are filed with the Oregon Bureau of Labor and Industries (BOLI), Civil Rights Division, which handles residential fair housing disputes.

Official Forms for Reporting Discrimination

• Housing Discrimination Intake Questionnaire (BOLI Form):
  Use this form to provide details about your experience. For example, if your landlord denied your rental application because your family "has too many people for a two-bedroom," you can describe the situation here. Access the Intake Questionnaire at BOLI’s official site.

After submitting your intake questionnaire, BOLI will review your claim and may conduct an investigation. If you need help with the form, BOLI offers guidance by phone and online.

Relevant Oregon Tenancy Law

Your rights are protected under the Oregon Residential Landlord and Tenant Act and Oregon Fair Housing Laws.^[3][4] These laws ensure that families, individuals, and protected groups have fair access to housing opportunities and reasonable living standards.

FAQs About Occupancy Rules for Oregon Renters

1. Can my landlord refuse to rent to me if I have children?
   No. Landlords cannot deny you housing solely because you have children. This is considered discrimination based on familial status under fair housing laws.
2. How many people can legally live in an apartment in Oregon?
   Generally, two people per bedroom is considered reasonable, but the total number allowed depends on unit size and local housing codes.
3. If a landlord says I have too many people, can I challenge it?
   Yes. You can file a complaint with the Oregon Bureau of Labor and Industries if you believe the occupancy limit is unreasonable or discriminatory.
4. Are infants or very young children counted in occupancy limits?
   Often, infants may not be counted, but it depends on the circumstances and local codes. Always check your local guidelines or consult BOLI for clarification.
5. Where can I find the law that protects renters in Oregon?
   You can review the Oregon Residential Landlord and Tenant Act for your rights and protections.

Need Help? Resources for Renters

• Oregon Bureau of Labor and Industries (BOLI), Civil Rights Division – File housing discrimination complaints or request help (official tribunal for fair housing issues)
• Oregon Residential Landlord and Tenant Act – Full legislation text and summaries
• City of Portland Rental Services Office – Additional guides for Portland renters
• U.S. Department of Housing and Urban Development (HUD): Fair Housing – National guidance and resources

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1. U.S. Department of Housing and Urban Development, "Occupancy Standards Guidance", HUD guidance on occupancy standards.
2. Oregon Bureau of Labor and Industries (BOLI), "Fair Housing Laws", BOLI Civil Rights Division.
3. Oregon Residential Landlord and Tenant Act.
4. Oregon Fair Housing Laws.

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