Max number of rental occupants

[Josh Donlan]

Hi, I was wondering if I could get some help. I’m in the process of renting out a 2 bedroom, 1 1/2 bath unit in a duplex. I had a person message me asking if she could rent with a family of 8. She said her and her fiancé would take one room, 2 kids in the other room, and 4 kids in the basement. I don’t want to discriminate against familial status or any other protected class but I was wondering if there was a maximum number of occupants I can set for a unit this size? Thanks!

[Tyler Brown]

Max occupancy sizes implemented by the landlord can be a somewhat gray area, because they can (intentionally or not) discriminate against familial status, which is a protected class.  

However many local municipalities will have restrictions (generally based on square footage) and your homeowner's insurance may as well.

Absent either of those, I would go with a "reasonable" restriction.  Saying no more than 2 people in a 2 bedroom apartment could land you in hot water. However I think 8 people is clearly too many.  I would deny that.