What we verified in “Sharing a home: occupancy limits and who signs the lease”

Statements and where we checked them

The statements with rules, figures or dates, with the exact place in the source and the date we checked them.

1. Under the Fair Housing Act, 'familial status' means one or more individuals under 18 living with a parent or another person who has legal custody of them (or that person's designee, with written permission); the protection also covers anyone who is pregnant or in the process of securing legal custody of someone under 18.

   Sources 2 · 42 U.S.C. §3602(k): 'one or more individuals (who have not attained the age of 18 years) being domiciled with'; 'a parent or another person having legal custody of such individual or individuals'; 'with the written permission of such parent or other person'; 'shall apply to any person who is pregnant or is in the process of securing legal custody' · Checked October 17, 2026

2. Under the Fair Housing Act, it is unlawful to refuse to rent, refuse to negotiate or otherwise deny a dwelling to a person because of familial status, among other grounds; to discriminate in the terms, conditions or privileges of rental on those grounds; and to publish a notice, statement or advertisement about the rental of a dwelling that indicates a preference, limitation or discrimination based on familial status.

   Sources 4 · 42 U.S.C. §3604(a) ('To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin'), (b) ('in the terms, conditions, or privileges of sale or rental of a dwelling') and (c) ('that indicates any preference, limitation, or discrimination based on') · Checked October 17, 2026

3. Under the Fair Housing Act, nothing in the Act limits the applicability of reasonable local, state or federal restrictions on the maximum number of occupants permitted in a dwelling; and its familial status provisions do not apply to housing for older persons.

   Sources 5 · 42 U.S.C. §3607(b)(1): 'Nothing in this subchapter limits the applicability of any reasonable local'; 'restrictions regarding the maximum number of occupants permitted to occupy a dwelling'; 'Nor does any provision in this subchapter regarding familial status apply with respect to housing for older persons' · Checked October 17, 2026

4. Under the Fair Housing Act, section 3604 (except subsection (c), on advertising) does not apply to rooms or units in dwellings with living quarters for no more than four families living independently, if the owner lives in one of them; nor, under several conditions, to a single-family house rented by its owner without a real estate broker or discriminatory advertising.

   Sources 3 · 42 U.S.C. §3603(b): 'Nothing in section 3604 of this title (other than subsection (c)) shall apply to'; 'rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence'; 'without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker' · Checked October 17, 2026

5. HUD published a statement of policy in the Federal Register on December 18, 1998, effective that day, adopting as its policy on occupancy standards, for Fair Housing Act enforcement, the March 20, 1991 memorandum of its General Counsel Frank Keating; the statement explains the factors HUD considers when evaluating whether a housing provider's occupancy policies discriminate on the basis of familial status (the presence of children in a family).

   Sources 1 · Fair Housing Enforcement--Occupancy Standards Notice of Statement of Policy, 63 FR 70256 (December 18, 1998): 'Effective date: December 18, 1998'; 'the factors that HUD will consider when evaluating a housing provider's occupancy policies'; 'on the basis of familial status (the presence of children in a family)'; 'by adopting as its policy on occupancy standards, for purposes of enforcement actions under the Fair Housing Act'; 'Memorandum of General Counsel Frank Keating to Regional Counsel dated March 20, 1991' · Checked October 17, 2026

6. In that policy, HUD says an occupancy policy of two persons in a bedroom, as a general rule, is reasonable under the Fair Housing Act; but the reasonableness of any occupancy policy is rebuttable, HUD will not determine compliance based solely on the number of people permitted in each bedroom, there is no national occupancy code, and owners may set reasonable requirements based on factors such as the number and size of bedrooms and the overall size of the dwelling.

   Sources 1 · 63 FR 70256-70257, Appendix A: 'an occupancy policy of two persons in a bedroom, as a general rule, is reasonable under the Fair Housing Act'; 'the reasonableness of any occupancy policy is rebuttable'; 'based solely on the number of people permitted in each bedroom'; 'a national occupancy code'; 'based on factors such as the number and size of sleeping areas or bedrooms and the overall size of the dwelling unit' · Checked October 17, 2026

7. Under that policy, in reviewing a case HUD considers the size and number of bedrooms and other special circumstances: the size of the bedrooms and the unit, the age of the children, the configuration of the unit (for example, a den or study), other physical limitations such as the capacity of septic, sewer or other building systems, and state and local law: if a dwelling is governed by government occupancy requirements and the provider's policy reflects them, HUD treats that as a circumstance tending to indicate the policy is reasonable.

   Sources 1 · 63 FR 70257, Appendix A: 'HUD will consider the size and number of bedrooms and other special circumstances'; 'Size of bedrooms and unit'; 'Age of children'; 'Configuration of unit'; 'two bedrooms plus a den or study'; 'the capacity of the septic, sewer, or other building systems'; 'If a dwelling is governed by State or local governmental occupancy requirements'; 'tending to indicate that the housing provider's occupancy policies are reasonable' · Checked October 17, 2026

8. The policy gives examples: a family of five is refused an apartment with two large bedrooms and spacious living areas, or a small two-bedroom mobile home; depending on the other facts, a charge might be warranted in the first case but not the second. And two parents with an infant in a large one-bedroom apartment are not the same as two parents with a teenager.

   Sources 1 · 63 FR 70257, Appendix A, 'Size of bedrooms and unit' and 'Age of children': 'a family of five who applied to rent an apartment with two large bedrooms and spacious living areas'; 'a small two-bedroom mobile home'; 'issuance of a charge might be warranted in the first situation, but not in the second'; 'two adult parents who applied to rent a one-bedroom apartment with their infant child'; 'two adult parents and one teenager' · Checked October 17, 2026

9. Under that policy, other signs that an occupancy policy is a pretext include a provider who made discriminatory statements, adopted discriminatory rules for common facilities, took other steps to discourage families with children, or enforced the policy only against families with children; and a policy limiting the number of children per unit is less likely to be reasonable than one limiting the number of people per unit.

   Sources 1 · 63 FR 70257, Appendix A, 'Other relevant factors': 'made discriminatory statements'; 'adopted discriminatory rules governing the use of common facilities'; 'taken other steps to discourage families with children from living in its housing'; 'enforced its occupancy policies only against families with children'; 'An occupancy policy which limits the number of children per unit is less likely to be reasonable than one which limits the number of people per unit' · Checked October 17, 2026

10. Under the Fair Housing Act, an aggrieved person may file a complaint with HUD no later than one year after a discriminatory housing practice occurred or ended.

    Sources 6 · 42 U.S.C. §3610(a)(1)(A)(i): 'not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Secretary' · Checked October 17, 2026

11. HUD asks people to report housing discrimination as soon as possible, because there are time limits on filing; to give the name and address of the person or organization, the address of the housing and a short description of what happened; reports can be made online or by talking with an intake specialist at 1-800-669-9777; and it is illegal to retaliate against anyone for making an allegation.

    Sources 7 · Report Housing Discrimination: 'Because there are time limits on when an allegation can be filed with HUD after an alleged violation, you should report housing discrimination as soon as possible'; 'The name and address of the person(s) or organization your allegation is against'; 'A short description of the event(s)'; 'You can Report Housing Discrimination with FHEO online'; '1-800-669-9777'; 'It is illegal to retaliate against any person for making an allegation' · Checked October 17, 2026

12. According to the New York Attorney General's tenants' rights guide, in New York it is unlawful for a landlord to restrict occupancy to the tenant named in the lease or to that tenant and immediate family; when the lease names only one tenant, that tenant may share with immediate family, one additional occupant and the occupant's dependent children, provided the tenant or spouse lives there as a primary residence; the tenant must inform the landlord of the name of any occupant within 30 days of moving in or of the landlord's request; if the named tenant moves out, the remaining occupant has no right to stay without the landlord's express consent; and landlords may limit the total number of people to comply with legal overcrowding standards.

    Sources 8 · Residential Tenants' Rights Guide, 'Apartment Sharing' (Real Property Law §235-f): 'It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family'; 'that tenant may share the apartment with immediate family, one additional occupant, and the occupant’s dependent children'; 'A tenant must inform the landlord of the name of any occupant within 30 days'; 'the remaining occupant has no right to continue in occupancy without the landlord’s express consent'; 'Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards' · Checked October 17, 2026

13. According to the same guide, to sublet means the tenant is temporarily leaving the apartment; tenants in buildings with four or more apartments have the right to sublet with the landlord's advance consent, while tenants in buildings with three or fewer do not; the request must be sent in writing by certified mail, return receipt requested; the landlord has 30 days to respond, and failure to send a written notice counts as consent; if the landlord consents, the tenant remains liable for the lease obligations, including all future rent; and a sublet that does not comply with the law may be grounds for eviction.

    Sources 8 · Residential Tenants' Rights Guide, 'Subletting or Assigning Leases' (Real Property Law §226-b): 'To sublet means that the tenant is temporarily leaving the apartment'; 'Tenants in buildings with three or fewer apartments do not have a right to sublet'; 'Tenants in buildings with four or more apartments have the right to sublet with the landlord’s advance consent'; 'by certified mail, return-receipt requested'; 'A landlord’s failure to send this written notice is considered consent to sublet'; 'the tenant remains liable to the landlord for the obligations of the lease, including all future rent'; 'A sublet or assignment which does not comply with the law may be grounds for eviction' · Checked October 17, 2026

14. Under the Texas Property Code, during the term of a lease the tenant may not rent the leasehold to any other person without the landlord's prior consent.

    Sources 9 · Tex. Prop. Code §91.005, Subletting Prohibited: 'the tenant may not rent the leasehold to any other person without the prior consent of the landlord' · Checked October 17, 2026

15. According to HUD, a Housing Choice Voucher (Section 8) holder must follow the program's rules about who lives with them, allow only the family members listed on the voucher to live in the home and tell the housing agency about changes in who lives there; for a birth, adoption or court-awarded custody it is enough to inform the agency, but adding any other household member requires the housing agency's approval.

    Sources 10 · Housing Choice Voucher Tenants: 'Follow all HCV rules about your income, who lives with you, and your lease agreement'; 'Only allow family members listed on your voucher to live with you'; 'For changes due to birth, adoption, or court-awarded custody, simply inform the Public Housing Agency (PHA)'; 'for adding any other household member, you must receive PHA approval' · Checked October 17, 2026