Tennessee Fair Housing: Understanding Occupancy Standards

Every renter in Tennessee has the right to fair treatment and a safe home under state and federal law. But renters sometimes face questions about how many people can live in an apartment or rental house, especially when families grow or living arrangements change. This guide explains reasonable occupancy standards in Tennessee, your rights under fair housing laws, and what to do if you believe you've been treated unfairly.

What Are Reasonable Occupancy Standards?

Occupancy standards set the maximum number of people allowed to live in a rental unit. These rules are meant to protect health and safety without unfairly restricting families. Under the federal Fair Housing Act, landlords may impose reasonable occupancy limits as long as they do not discriminate based on "familial status"—meaning families with children are protected from unfair treatment.^[1] Tennessee follows similar principles, guided by both federal standards and state law.

Federal "2+1" Guideline

The U.S. Department of Housing and Urban Development (HUD) generally considers an occupancy policy of two people per bedroom, plus one additional person to be reasonable. However, additional factors apply, such as:

• Square footage and size of rooms
• Overall unit layout
• Age of children living in the home
• State or local building codes

Landlords must also consider exceptions if a policy would unfairly impact families or constitute illegal discrimination. For example, refusing to rent a two-bedroom to a family of two adults and two young children may be discriminatory if the home is large enough.^[2]

State and Local Rules in Tennessee

Tennessee does not set a specific, numeric maximum for how many people may live in each type of rental unit. Instead, landlords commonly use local building and housing codes, and the federal "2+1" guideline.^[3] Local governments—like city or county housing authorities—may have additional occupancy standards. To check your local rules, visit your city or county housing department.

When Does Occupancy Policy Become Discrimination?

Landlords cannot use occupancy standards as an excuse for discrimination against renters based on familial status, race, ethnicity, national origin, disability, or other protected characteristics. If an occupancy rule is stricter than the "two persons per bedroom plus one" rule or seems intended to exclude families, it may violate fair housing law.

• If a landlord refuses to rent or issues an eviction based on family size (when the unit is otherwise adequate), this could be illegal.
• There are exceptions if health, safety, or local building codes limit residents for valid reasons (e.g., septic system capacity or fire code).

Relevant Forms for Renters in Tennessee

• HUD Housing Discrimination Complaint Form (Form 903)
  Use this form to report discrimination related to occupancy standards or familial status under fair housing law.
  Example: If your landlord turns you away because your family has three children for a two-bedroom unit, complete this form.
  Submit a housing discrimination complaint online
• Tennessee Human Rights Commission Housing Discrimination Complaint
  This official state agency accepts housing complaints for Tennessee residents.
  Example: Use this if you experience discrimination with a Tennessee landlord regarding occupancy or family size.
  Contact the Tennessee Human Rights Commission

What Tribunal Handles Occupancy Disputes?

The Tennessee Human Rights Commission is the main agency responsible for enforcing state fair housing laws and reviewing discrimination complaints about occupancy standards in residential rental housing.^[4]

Tennessee Rental Law on Fair Housing and Occupancy

Tennessee's main rental regulation is the Tennessee Uniform Residential Landlord and Tenant Act. However, fair housing disputes—including those related to occupancy—are mostly governed at the federal level by the Fair Housing Act.

• Learn more about Tennessee fair housing rights
• Review the federal fair housing regulations

FAQ: Tennessee Occupancy Standards and Fair Housing

1. Can my landlord restrict how many people live in my apartment?
   Yes, but only based on reasonable occupancy limits—typically two people per bedroom, plus one, and as allowed by health and safety codes. Stricter rules may be questioned under fair housing law.
2. Is it legal for a landlord in Tennessee to refuse to rent to families with children?
   No. Discrimination against families with children (familial status) is prohibited by both state and federal law.
3. What should I do if I think an occupancy policy is discriminatory?
   Gather documentation and file a complaint with the Tennessee Human Rights Commission or HUD.
4. Do occupancy limits include infants or babies?
   Fair housing guidance usually counts all people, but flexibility is expected if the unit can safely accommodate the family, including infants.
5. Which agency enforces occupancy and discrimination complaints in Tennessee?
   The Tennessee Human Rights Commission and U.S. Department of Housing and Urban Development (HUD) both handle these complaints.

Key Takeaways for Tennessee Renters

• Occupancy limits must be reasonable and not used for discrimination.
• If facing unfair treatment, renters can file a formal complaint with HUD or the Tennessee Human Rights Commission.
• Check building codes and consult local housing agencies for additional guidance.

Understanding your rights under state and federal law helps you make informed decisions and respond effectively to any housing issues.

Need Help? Resources for Renters

• Tennessee Human Rights Commission – Investigates fair housing complaints, including occupancy standards
• U.S. Department of Housing and Urban Development (HUD) Fair Housing – National resource for fair housing enforcement and forms
• Tennessee Department of Commerce & Insurance – Consumer Resources

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1. Federal Fair Housing Act Overview (HUD)
2. HUD Reasonable Occupancy Standards (24 CFR § 100.204)
3. Tennessee Uniform Residential Landlord and Tenant Act
4. Tennessee Human Rights Commission (Official Tribunal)

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