Reasonable Occupancy Rules for Renters in Pennsylvania

If you are renting a home or apartment in Pennsylvania, you may wonder how many people can legally live in your rental unit. This question comes up for growing families and shared households alike. Understanding reasonable occupancy standards is important because unfair rules can be a form of housing discrimination. This article explains your rights under Pennsylvania and federal Fair Housing laws, so you know what to expect from your landlord and what to do if you believe an occupancy rule is unfair.

What Are Reasonable Occupancy Standards?

Occupancy standards define the maximum number of people allowed to live in a rental unit. Landlords may set these limits, but they must follow both state and federal Fair Housing laws. In Pennsylvania, as in most states, such standards must be reasonable and cannot be used to discriminate against families or people in protected classes.

• General Rule: The U.S. Department of Housing and Urban Development (HUD) suggests a common guideline of "two people per bedroom" as a base, but actual enforcement can depend on unit size and configuration [1].
• Landlords cannot set occupancy limits to unfairly exclude families with children under the federal Fair Housing Act.
• Local boroughs or cities in Pennsylvania may have their own codes, but these still must comply with state and federal law.

When Are Occupancy Standards Considered Discriminatory?

The Fair Housing Act prohibits discrimination based on familial status, meaning your landlord can’t insist on stricter occupancy limits for families with children as compared to adult-only households. Occupancy policies aren’t ‘one-size-fits-all’ and should allow for exceptions in reasonable situations, such as when bedrooms are large or when small children can share rooms.

Pennsylvania's Fair Housing Laws and Local Codes

Pennsylvania generally follows federal guidelines, but always check your local borough or city codes for any stricter requirements. For example, some municipalities specify a minimum number of square feet per occupant. Landlords must still ensure these local codes do not override your rights under the

Pennsylvania Human Relations Act (PHRA) [2].

How Does HUD’s Occupancy Standard Work?

• "Two plus one" rule: Generally, two persons per bedroom, plus one additional occupant in certain cases.
• Exceptions considered for infants or when rooms are large.
• If a landlord’s policy seems stricter—like ‘one person per bedroom’—they may need to show health, safety, or legal reasons.

What To Do If You Face Unreasonable Occupancy Standards

If you feel a landlord’s rule is unfair, ask them to explain their policy and provide any supporting local code. If the rule seems stricter than government guidelines, consider taking the following steps:

• Document any conversation or written policy you receive.
• Gather information about your unit size and local codes (often available through your city or borough code enforcement office).
• If discrimination is suspected, you can file a complaint with the Pennsylvania Human Relations Commission (PHRC) or HUD.

Important Forms for Renters

• PHRC Housing Discrimination Complaint Form (Online/Download)
  • When to use: If you believe your landlord is enforcing occupancy rules to discriminate based on familial status or another protected category.
  • How to use: Fill out and submit this form to the Pennsylvania Human Relations Commission. Provide details and any supporting evidence.
  • Download the Official PHRC Complaint Form (PDF)
• HUD Housing Discrimination Complaint Form (Form 903)
  • When to use: Used to report violations of the federal Fair Housing Act, such as unreasonable occupancy limits discriminating against families.
  • How to use: Fill out and submit to HUD; can be completed online or by mail.
  • Submit a HUD Discrimination Complaint Online
  • Download HUD Form 903 (PDF)

Where Are Rental Disputes Handled in Pennsylvania?

Rental discrimination and Fair Housing disputes in Pennsylvania are handled by the Pennsylvania Human Relations Commission (PHRC). Local courts (such as a county court of common pleas or district magistrate) may also address issues related to evictions or enforcement of local occupancy codes.

Relevant Tenant Legislation

The main laws related to occupancy standards and renter protection in Pennsylvania are:

• Federal Fair Housing Act
• Pennsylvania Human Relations Act (43 P.S. §§ 951-963)
• Pennsylvania Landlord and Tenant Act

Frequently Asked Questions

1. How many people can legally live in a Pennsylvania rental apartment?
   Generally, federal guidelines suggest two people per bedroom, but this is flexible depending on local code, unit size, and family circumstances. Always check with your local code enforcement or PHRC for specifics.
2. Can a landlord refuse to rent to families with children due to occupancy limits?
   No. Landlords cannot use occupancy standards to unfairly exclude families with children. This is considered discrimination under both state and federal law.
3. Who handles rental occupancy disputes in Pennsylvania?
   The Pennsylvania Human Relations Commission (PHRC) reviews Fair Housing/occupancy complaints. Local courts may handle some landlord-tenant matters.
4. What if my city’s code sets stricter occupancy limits?
   Local codes can require specific square footage per occupant, but those codes cannot conflict with your rights under the Fair Housing Act and PHRA. If you believe they do, you may file a complaint.
5. How do I file a housing discrimination complaint?
   You can file online or download complaint forms from PHRC or HUD. Gather all documents and describe your situation clearly on the form before submitting.

Key Takeaways for Renters

• Landlords must follow reasonable, non-discriminatory occupancy standards in Pennsylvania.
• If you face unfair limits related to occupancy, ask for clarification and check local ordinances.
• Use the PHRC or HUD complaint forms if you suspect discrimination.

Need Help? Resources for Renters

• Pennsylvania Human Relations Commission (PHRC) – File complaints and access fair housing resources.
• HUD Office of Fair Housing and Equal Opportunity – Learn about federal Fair Housing rights and file complaints.
• PA Office of Attorney General: Landlord-Tenant Resources
• PALawHelp: Tenant Legal Rights
• Your local city/borough code enforcement office (for local occupancy ordinances)

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1. HUD Guidance on Occupancy Standards
2. Pennsylvania Human Relations Commission: Fair Housing
3. Pennsylvania Human Relations Act (43 P.S. §§ 951-963)

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