What occupancy limit can a California landlord enforce?

HUD's Keating Memo establishes a two-persons-per-bedroom presumption. Tighter limits are presumptively discriminatory under familial status fair housing unless justified by specific factors (room size, septic/HVAC capacity, applicable codes). Many California cities follow the HUD framework.

Can I limit one person per bedroom?

Generally not without specific justification. The Keating Memo presumption is that one-per-bedroom is discriminatory because it disproportionately affects families with children. Specific objective factors (small rooms, septic limits) can justify but the bar is meaningful.

What if the unit is genuinely overcrowded?

If the actual occupancy exceeds two-per-bedroom plus reasonable common-area factors, address through the lease unauthorized-occupant procedure: cure or quit citing the occupancy limit clause. Make sure the limit complies with HUD/FEHA before serving.

How do children factor in?

Children count toward occupancy but cannot be used as the basis for stricter limits. Familial status is FEHA-protected — a unit that allows 4 adults must allow 4 occupants total regardless of how many are children.

What does code enforcement say about overcrowding?

Most cities have square-footage-based occupancy limits in housing codes. These provide objective basis for enforcement above the HUD presumption. Verify the applicable city housing code before relying on a stricter lease limit.

Keating Memo · Familial status

Tenant has too many people in the unit. Two per bedroom is the line.

HUD's two-per-bedroom baseline. Stricter limits are familial status discrimination unless justified by specific objective factors. Address actual overcrowding through cure-or-quit only after confirming your limit is lawful.

TL;DR

HUD Keating Memo: two-per-bedroom is presumptively reasonable. Tighter limits = familial status discrimination unless justified by specific factors. Address overcrowding via cure or quit citing a compliant occupancy clause. Verify lease limit complies before serving.

The two-per-bedroom baseline

HUD's 1998 Keating Memo establishes that a two-persons-per-bedroom occupancy standard is presumptively reasonable. California courts and FEHA enforcement follow this framework. Limits below this are presumptively discriminatory under familial status because they disproportionately exclude families with children.

When stricter limits qualify

Actual small room square footage (documented)
Septic or HVAC system capacity limits
Applicable building or health code limits
Specific unit configuration that physically constrains occupancy

Common questions — overcrowding

What's the limit?

Two-per-bedroom presumption under HUD Keating Memo.

One-per-bedroom OK?

Generally no without specific objective justification.

Genuinely overcrowded?

Cure or quit citing a compliant limit. Verify the limit first.

Children count?

Yes toward occupancy, but cannot be used to set stricter limits.

Code enforcement?

City housing codes have square-foot-based limits that provide objective bases.