Are There Any Limitations on the Number of Occupants?

Yes. Local regulations restrict the number of people who can occupy a certain property.

For example, Federal occupancy standards require landlords to allow at least two persons per bedroom, unless you can sufficiently justify a different arrangement based on business reasons. On a State level, New York City’s regulations state that there must be at least 80 square feet per person in an apartment. Additionally, it considers that for every two people residing in an apartment, one child under the age of four may also reside there.

The bottom line is this: you can legitimately set occupancy limits for the number of tenants in your unit. However, you need to justify this policy by explaining that your decision is based on health and safety regulations.

Tellus TIP:

Set the occupancy policy in writing and justify it with health and safety reasons.