Utah Fair Housing: Reasonable Occupancy Standards Explained

Understanding how many people can legally live in a rental home is important for renters and landlords alike. In Utah, rules around reasonable occupancy standards are set by fair housing and health regulations. This article explains how these standards work, your rights as a renter, and what to do if you feel you've faced housing discrimination due to household size.

What Are Reasonable Occupancy Standards?

Reasonable occupancy standards limit the number of people who can live in a rental home. These rules are designed to protect health and safety but must also comply with fair housing laws. In Utah, both federal and state laws—like the federal Fair Housing Act and the Utah Fair Housing Act—prevent landlords from unfairly restricting rental household size based on familial status (having children in the household).

General Rule: Two Persons per Bedroom Plus One

Utah uses the "two plus one" standard as a general guideline. This often means:

• 2 people per bedroom plus one additional person in the unit (for example, a one-bedroom apartment could have up to 3 people).
• Some cities or counties may set their own stricter or more flexible occupancy rules, usually based on square footage or local health codes.

However, landlords must consider the rental unit’s size, configuration, and unit-specific factors before denying an application due to household size.^[1]

Utah Fair Housing Protections and Occupancy

Utah renters are protected from discrimination based on familial status. Landlords cannot refuse to rent to families with children—or set unfair occupancy rules that affect families—unless doing so is necessary for health, safety, or compliance with legitimate local code.

• HUD's occupancy guidelines recommend landlords consider each situation individually, not use overly strict formulas.
• If a landlord sets occupancy limits stricter than the "two plus one" standard, they may need to justify them with legitimate safety or code requirements.

What If You’re Denied a Rental Due to Family Size?

If you think a landlord has violated your rights under fair housing laws related to occupancy limits, you have options for recourse. The Utah Antidiscrimination and Labor Division (UALD) investigates such issues.

Utah’s Official Tribunal for Housing Disputes

Renters in Utah facing housing discrimination—including unreasonable occupancy restrictions—can file a complaint with the Utah Antidiscrimination and Labor Division (UALD).

Relevant Utah Legislation and Regulations

• Utah Fair Housing Act (Utah Code Title 57 Chapter 21)
• Federal Fair Housing Act

These laws protect against housing discrimination and outline the standards landlords must use.

Official Forms and How to Use Them

• Utah Fair Housing Complaint Form
  When to use it: If you believe a landlord has denied your rental application or set unreasonable occupancy rules due to your household makeup.
  How to use it: Complete the form and submit it to the Utah Antidiscrimination and Labor Division.
  Utah Fair Housing Complaint Form (PDF).

Example: If your landlord tells you that you cannot rent a two-bedroom unit because you have three children, you can file this form with the UALD.

FAQ: Reasonable Occupancy Standards for Utah Renters

1. Can my landlord set their own occupancy limits?
   Landlords can set limits, but these must be reasonable, non-discriminatory, and in line with state and local laws. Limits stricter than "two per bedroom plus one" may not be justified without a safety or code reason.
2. Are babies and children counted in occupancy rules?
   Yes, children are generally counted, but landlords cannot use occupancy standards to exclude families with children unless there are real health or safety concerns.
3. What should I do if I’m denied housing due to my family size?
   Request a written explanation from the landlord. If you believe it’s unfair or discriminatory, file a complaint with the Utah Antidiscrimination and Labor Division using the official form.
4. Can local Utah cities set stricter occupancy rules?
   Yes, but these must also comply with fair housing laws and not serve as pretexts for discrimination.
5. Where can I find more information or file a complaint?
   Visit the UALD website to learn more and access forms.

Summary: Key Takeaways

• Utah follows a “two persons per bedroom plus one” standard for occupancy, but landlords can’t enforce discriminatory rules.
• If denied housing due to family size, renters have the right to file a complaint with UALD.
• Always ask for clear explanations of occupancy policies in writing.

Utah law protects renters from unfair occupancy restrictions while balancing health and safety concerns.

Need Help? Resources for Renters

• Utah Antidiscrimination and Labor Division (UALD) – For filing housing discrimination complaints or learning about your rights.
• Utah Labor Commission – Fair Housing Resources
• Utah Fair Housing Act (Full Text)
• Local city or county health departments – For questions about specific occupancy or safety codes in your area.

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1. Utah Fair Housing Act, Utah Code Title 57 Chapter 21: Full text
2. HUD Occupancy Standards Guidance: HUD Occupancy Standards
3. Utah Antidiscrimination and Labor Division (UALD): UALD website

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