California Apartment Association

Occupancy Standards – Can an owner limit the number of people allowed to live in a unit?

Owners must be reasonable when setting occupancy limits for their rental units. They cannot set unreasonable occupancy limits to avoid renting to a class of people—such as families with children or immigrants. Occupancy standards that are based on objective criteria, such as square footage, facilities, or open space are more likely to be viewed as reasonable by the courts.