Wisconsin Fair Housing: Occupancy Standards Explained

Understanding how many people can lawfully live in a rental home is an important part of protecting your rights as a tenant in Wisconsin. Reasonable occupancy standards are covered by both federal and Wisconsin fair housing laws to prevent unfair limits or discrimination. Here, you'll find everything renters need to know, explained simply and clearly.

What Are Occupancy Standards and Why Do They Matter?

Occupancy standards set rules for how many people can live in a rental unit. These standards help ensure rentals are safe and prevent overcrowding. At the same time, landlords can’t enforce rules that violate Wisconsin’s Open Housing Law or federal fair housing rules by unfairly restricting families or groups of people for discriminatory reasons.^[1][2]

General Guidelines in Wisconsin

Wisconsin does not set a strict statewide rule for numbers of occupants, but typically follows the general guideline called the “two plus one” rule:

• Two persons per bedroom plus one additional person (for example, a one-bedroom unit may house three people)
• Some local municipalities may have their own occupancy standards based on safety codes or square footage

Landlords must be reasonable—they cannot make occupancy rules that purposely exclude families with children. The law says rules must be based on health and safety, not to discriminate.

Your Rights Under Fair Housing Laws

Fair housing laws protect you from unfair treatment because of family status, race, religion, disability, and more. Under Wisconsin law:

• It is illegal for a landlord to refuse to rent to a family with children because of occupancy standards unless such limits are truly necessary for health and safety.
• Landlords cannot set different occupancy rules for families with children than for adults.
• Any standard must comply with both the Federal Fair Housing Act and state law.

Reasonable Exceptions

Exceptions to standard occupancy guidelines might exist where:

• Local city codes require more restrictive standards for fire safety or building requirements.
• A unit is particularly small or large compared to the number of bedrooms.

If you feel a landlord's occupancy limit is aimed at excluding families or specific groups, you may have grounds for a fair housing complaint.

Tip: If a landlord rejects your application or tries to limit who can live with you because of occupancy numbers and you think it's unfair, keep detailed records and consider seeking help from a housing agency or fair housing office.

What To Do if You Face Discrimination

If you believe a landlord is violating occupancy standards or discriminating under Wisconsin fair housing laws, you have a right to file a complaint. The official tribunal handling these matters is the Wisconsin Equal Rights Division (ERD).

Official Forms and Filing a Complaint

• Form Name: Equal Rights Complaint (ERD-4209-E)
  When to use: If you believe a landlord has denied your rental or set unfair limits based on occupancy in violation of state or federal fair housing law, use this form to start a formal complaint.
  How to use: Complete and submit the form with details of your situation. For example, if your landlord turns away your family of four from a two-bedroom unit, you can file with ERD.
  Download Equal Rights Complaint Form ERD-4209-E

After submission, the ERD will review your complaint and may request more information. You have one year from the incident to file your complaint in Wisconsin.

Common Scenarios and Tips for Renters

• If your household changes (for example, a new baby or a family member moves in), landlords must still follow the same fair and reasonable occupancy guidelines.
• Always check if your city or county has different safety or building codes affecting occupancy.
• Keep copies of all lease documents and your communications with your landlord.

FAQ: Occupancy Standards for Wisconsin Renters

1. Can a landlord set any occupancy limit they want in Wisconsin?
   Landlords can set reasonable limits for health and safety, but these must not discriminate. Local safety codes and the Fair Housing Act guide these standards.
2. Are babies or young children counted under occupancy rules?
   Depending on city code, babies or very young children might not count as a full person. However, a landlord should not use occupancy standards to unfairly exclude families with children.
3. What if the landlord says there are “too many people” for the unit?
   Ask for the written policy, verify if it complies with local and state guidelines, and consider filing a complaint if you suspect unfair treatment.
4. How do I file a fair housing complaint in Wisconsin?
   Use the ERD-4209-E form from the Wisconsin Equal Rights Division—available online—to start the process within one year of the incident.
5. Where can I find the official occupancy standards in my city?
   Contact your city or local housing authority, or check their official website for local codes related to occupancy and rental housing.

Conclusion: Key Takeaways for Wisconsin Renters

• Occupancy standards in Wisconsin are designed to protect health and safety—not to allow discrimination.
• Fair housing laws prohibit landlords from enforcing unreasonable occupancy rules against families or protected groups.
• If you believe your rights are violated, you can file a complaint with the Wisconsin Equal Rights Division.

Understanding these rules helps ensure you and your loved ones have safe and fair access to housing in Wisconsin.

Need Help? Resources for Renters

• Wisconsin Equal Rights Division – Housing Discrimination
• U.S. Department of Housing and Urban Development – File a Fair Housing Complaint
• Wisconsin State Housing Programs
• Wisconsin Statutes – Open Housing Law

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1. Wisconsin Statutes Section 106.50 – Open Housing Law
2. Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968)

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