Pennsylvania Occupancy Limits and Overcrowding Rules for Renters

If you’re sharing your home with roommates or family in Pennsylvania, understanding occupancy limits and overcrowding laws is essential for a safe and legal living situation. These regulations affect how many people may live in a rental unit and can impact your rights and responsibilities as a renter.

Understanding Occupancy Limits in Pennsylvania

Occupancy limits are rules that set the maximum number of persons who can live in a rental unit. In Pennsylvania, there is no single state law setting these limits. Instead, occupancy rules are mostly determined by:

• The rental agreement or lease you’ve signed
• Local city or county housing codes (such as building or health department rules)
• National guidelines like those from the U.S. Department of Housing and Urban Development (HUD)

Most Pennsylvania cities and municipalities use the International Building Code (IBC), which sets minimum space requirements per person for sleeping rooms and living areas.

What Are the Typical Occupancy Limit Guidelines?

Although local rules may vary, Pennsylvania municipalities often follow HUD's suggested occupancy guidelines of "two persons per bedroom, plus one." For example, a two-bedroom apartment may allow up to five people. To ensure safety, some cities also have square footage requirements — for example, at least 70 square feet for the first occupant of a bedroom and 50 additional square feet for each extra occupant.

Overcrowding Laws and Risks

Overcrowding occurs when more people live in a housing unit than is allowed by local code or the lease. Risks of overcrowding include:

• Health and safety hazards (like fire risks or poor ventilation)
• Potential lease violations that could result in eviction
• Problems with building inspections or city fines

You can check your area's specific codes by contacting your local code enforcement office or housing department.

What Happens if Occupancy Limits Are Exceeded?

If a landlord believes a rental unit is overcrowded:

• They may issue a written notice to correct the issue
• The city could mandate code enforcement inspections
• Renters risk possible eviction for repeated or serious violations per the lease agreement

Generally, a landlord must follow formal eviction procedures in Pennsylvania. For more on this, renters should review the Pennsylvania Landlord and Tenant Act of 1951^[1].

Can Landlords Limit Who Lives with You?

Landlords can set fair and reasonable occupancy limits in your lease, but they can’t discriminate against families or protected groups. The federal Fair Housing Act lets families with children live in most housing types, and rules must not violate these protections.

Relevant Pennsylvania Forms and How to Use Them

• City of Philadelphia Rental License
  Rental License Application
  Used by landlords to register rental properties, required for a lawful lease in Philadelphia. Renters should confirm their landlord's unit is licensed if facing overcrowding issues.
• City of Pittsburgh Occupant Change Notification
  Occupant Change Form
  Used to notify the city of changes in occupancy or when subletting. For example, if you add a new roommate, check local requirements for notice forms.

If you believe your rental unit is being overcrowded against your wishes or you’re being evicted for occupancy issues, you may contact the Pennsylvania Magisterial District Courts, which handle landlord-tenant disputes in Pennsylvania.

Where to Find the Official Occupancy Laws

The main law covering residential tenancies in Pennsylvania is the Pennsylvania Landlord and Tenant Act of 1951. Local building codes will provide the current occupancy and space requirements for your city or county.

FAQ: Occupancy Limits and Shared Housing in Pennsylvania

1. How many people can live in a two-bedroom apartment in Pennsylvania?
   Usually, five people are allowed (two per bedroom plus one), but check local ordinances and your lease for specific limits.
2. What should I do if my landlord claims my unit is overcrowded?
   Ask for the specific code or lease clause being referenced and request a written notice. You can also contact your local housing office or seek help from the Magisterial District Courts.
3. Can my landlord evict me for having too many roommates?
   Yes, but only if you violate the lease’s occupancy terms or city codes. Landlords must follow formal eviction procedures under Pennsylvania law.
4. Are families with children treated differently under occupancy laws?
   No. The Fair Housing Act protects families, and occupancy limits cannot be used to discriminate against households with children.
5. How can I find out my city’s occupancy or overcrowding rules?
   Contact your local housing department or building code enforcement office—they set and enforce local occupancy limits.

Summary: What Pennsylvania Renters Should Know

• Occupancy limits in Pennsylvania are set by local codes and lease agreements—always check both.
• Overcrowding can lead to safety issues and possible eviction, but renters have legal protections.
• For any disputes, the Pennsylvania Magisterial District Courts handle landlord–tenant matters.

Understanding these rules helps you avoid costly mistakes and protect your rights as a renter.

Need Help? Resources for Renters

• Pennsylvania Courts – Magisterial District Courts (for tenant/landlord disputes)
• Pennsylvania Housing Finance Agency – Renters Resources
• City of Philadelphia Department of Licenses & Inspections
• Pittsburgh Permits, Licenses, and Inspections

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1. Pennsylvania Landlord and Tenant Act of 1951, Title 68 Pennsylvania Statutes, Chapter 25

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