Are There Any Limitations on the Number of Occupants?
Updated 11 days ago (March 6, 2026)
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.
Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.
State-by-State Guide
Laws on this topic vary significantly by state. Select a state below to read about its specific laws and statutes.