Virginia Fair Housing: Reasonable Occupancy Guidelines for Renters

Understanding how many people can lawfully live in a rental is important for both renters and landlords. In Virginia, there are laws and guidelines to prevent discrimination based on family size while ensuring rentals are safe and healthy. These rules, called reasonable occupancy standards, are part of fair housing protections.

What are Reasonable Occupancy Standards?

Reasonable occupancy standards set out how many people (adults and children) can live in a rental unit. These rules aim to:

• Prevent overcrowding and safety issues
• Protect families from discrimination based on family size or children
• Ensure fair and consistent treatment for all renters

In Virginia, occupancy standards are influenced by both state and federal law. According to the Virginia Fair Housing Board, landlords cannot deny housing just because of the number or age of children, unless the occupancy would exceed reasonable legal standards.

Virginia Laws and Federal Guidance

Virginia follows the federal Fair Housing Act, which bars discrimination against families with children, along with the Virginia Fair Housing Law.^[1] The federal guidance generally follows a "2+1" rule: two persons per bedroom, plus one more in the unit, is considered reasonable. However, factors like unit size, age of children, and configuration may allow for adjustments.

• Local building and health codes also affect the maximum number of occupants.
• Landlords must follow the Virginia Department of Health's occupancy requirements.

Landlords cannot use occupancy limits to unfairly exclude families with children, unless needed for health/safety or following government codes.

How are Occupancy Standards Enforced?

Disputes about occupancy standards are handled by the Virginia Fair Housing Board. If you feel a landlord has unfairly denied you housing or threatened eviction due to family size, you can file a complaint for free.

Official Forms Renters Can Use

Virginia renters can formally complain if they believe occupancy rules are being misused against them. Here is a key official form:

• Virginia Fair Housing Complaint Form
  Form Number: DPOR-FHB-01
  Use: Submit this form if you believe you experienced housing discrimination based on family size or age of children.
  Example: A landlord rejects your application, stating "we don’t rent to families with more than two kids." You can fill out this form and send it to the Virginia Fair Housing Board.
  Download the Virginia Fair Housing Complaint Form (FHB-01)

How to File a Complaint

• Fill out the Fair Housing Complaint Form (FHB-01) with your details and a description of the issue.
• Submit it by email or mail to the contacts listed on the form and Fair Housing Board page.
• The Board may investigate, request documentation, and possibly help resolve the situation.

Relevant Legislation and Resources

• Virginia Fair Housing Law (Va. Code §36-96)^[1]
• Federal Fair Housing Act^[2]
• Virginia Residential Landlord and Tenant Act^[3]

The Virginia Fair Housing Board is the main body overseeing discrimination complaints, including occupancy standards. You can find out more or start a complaint process on their official website.

FAQ: Virginia Reasonable Occupancy Standards

1. How many people can legally live in a rental apartment in Virginia?
   While there is no single statewide number, a common guideline is two people per bedroom plus one more for the unit, but this may vary depending on local codes and unit size.
2. Can a landlord refuse to rent to me because I have children?
   No. Under Virginia Fair Housing Law and federal law, discrimination based on family status—including having children—is illegal.
3. What can I do if I think I was denied housing because of my family size?
   You can file a complaint with the Virginia Fair Housing Board using the Fair Housing Complaint Form; the Board will review and investigate your case.
4. Are babies or young children counted in occupancy limits?
   Most occupancy standards count all people, including children and infants. However, the specifics may vary by local ordinance or federal guidance, so consider looking up your city or county code.
5. Does the number of bedrooms matter in setting occupancy limits?
   Yes. Bedroom count, overall unit size, and layout help determine reasonable occupancy, alongside health and safety codes.

Conclusion: What Virginia Renters Should Know

Here are some essentials to remember:

• Virginia law generally allows two people per bedroom as a guideline, but local codes and circumstances matter.
• It is illegal for landlords to discriminate against families with children when applying reasonable occupancy standards.
• If you believe your rights are being violated, you can file a formal complaint with the Virginia Fair Housing Board for review and action.

Being informed will help you protect yourself and your family when renting in Virginia.

Need Help? Resources for Renters

• Virginia Fair Housing Board — File discrimination complaints and access official forms
• Virginia Housing — Housing programs and renter assistance
• Virginia Residential Landlord and Tenant Act — State rules on renting
• Virginia Department of Health – Occupancy & Housing Standards

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1. Virginia Fair Housing Law (Va. Code §36-96), accessible at Virginia's official legislative website.
2. Federal Fair Housing Act, U.S. Department of Justice, see federal overview page.
3. Virginia Residential Landlord and Tenant Act (Va. Code §55.1-1200 et seq.), available here.

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