Subject to change - Information current as of December 2018
Produced in 2019 by the Fair Housing Center of West Michigan
A Guide for Determining
Occupancy Limits based on
Local Restrictions
Fair Housing Center of West Michigan • A Guide for Determining Occupancy Limits based on Local Restrictions • March 2019
Introduction
The Fair Housing Center of West Michigan developed this guide to assist condominium associations,
landlords, property owners and managers, and others in determining how to set occupancy limitations
with consideration of fair housing laws. While health, safety and capacity concerns influence landlords,
property managers, and condominium associations to implement limits on the number of people that
can live together, these limits must be implemented in an objective manner that does not unlawfully
limit housing for families with children.
This guide has been primarily based on the requirements of the International Property Maintenance
Code® (IPMC). The IPMC, a widely used standard, establishes minimum requirements for the
maintenance of existing buildings through model code regulations that contain clear and specific
property maintenance and property improvement provisions. Chapter 4 "Light, Ventilation and
Occupancy Limitations" sets forth requirements to establish the minimum environment for occupiable
and habitable buildings by establishing the minimum criteria for light and ventilation and identifying
occupancy limitations including minimum room width and area, minimum ceiling height and
restrictions to prevent overcrowding.
This guide does not constitute legal advice, and does not substitute for contacting the appropriate
governing municipality to confirm any applicable occupancy restrictions or regulations.
How do occupancy standards relate to the Fair Housing Act?
The federal Fair Housing Act and Michigan laws protect people from discrimination in housing based
on race, color, religion, sex, national origin, familial status, disability, marital status, and age. The Fair
Housing Act’s protections against discrimination on the basis of familial status prohibit restrictive
occupancy standards that are used to exclude families with children or that unreasonably limit the
ability of families with children to obtain housing.
Many housing providers have employed a general rule occupancy standard of “two people per
bedroom”, but there is no existing law or guidance that guarantees that such a standard complies with
fair housing laws in all circumstances. In fact, in many circumstances, a 2-bedroom unit can
accommodate more than 4 people based on its size and layout. The outdated “two people per
bedroom” standard has come under heightened scrutiny and has been successfully challenged in an
increasing number of cases.
What is considered a reasonable occupancy standard?
The Fair Housing Act specifically allows housing providers to adhere to reasonable local, State, or
Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling (42
U.S.C. 3607(b)(1)). These restrictions often appear in property maintenance codes, and take into
account factors such as the number and size of sleeping areas or bedrooms, living rooms, and dining
rooms, and/or the overall configuration of the unit. If a housing provider allows fewer occupants than
would be allowed under the applicable code without just cause, then it could be challenged as
discrimination against families with children.
Step-by-step Guide for Determining Occupancy Limits based on Local Restrictions
Fair Housing Center of West Michigan • A Guide for Determining Occupancy Limits based on Local Restrictions • March 2019
Step 1: Determine which local unit of government covers your property.
In which city, township, village, county, etc. is your property located?
Note: The city on a property’s mailing address may not actually be the local unit of government. For
example, many mailing addresses that include “Grand Rapids, MI” may not actually be located within
the Grand Rapids city limits, and in fact have a legal property (parcel) address that is located in a
neighboring township, such as Plainfield Township, Alpine Township, Grand Rapids Township, Cascade
Township, etc.
Not sure? Many county websites have an online Property Search that will identify the unit of
government for a specific address. This information often comes from data provided by the County’s
Treasurer, Assessor, and/or Equalization office. Call your local government to confirm.
Step 2: Determine whether the local unit of government has a property maintenance
code or other code limiting occupancy of a residential home or building.
Contact your local unit of government to inquire about any codes that may limit occupancy. You may
also check the government’s Code of Ordinances for a property maintenance code.
Please see Appendix A for a listing of applicable codes (or lack thereof) for the local units of
government within Kent County, MI. Note: Appendix A is not a replacement for directly contacting the
local unit of government to confirm any relevant code. Codes are subject to change.
Step 3: Review requirements of relevant property maintenance or occupancy codes.
In the absence of a specific code adopted by a government unit, the FHCWM recommends
consideration of the “Occupancy Limitations” of the International Property Maintenance Code.
See Appendix B for a guide to the square footage requirements of common property maintenance
codes. Please note: Appendix B does not address the requirements for efficiency units, which can be
found in the applicable code.
Step 4: Calculate the square footage of the relevant room(s) within each floor plan of
the home or building.
Visit www.fhcwm.org/occupancy for a Square Footage Calculator Tool.
Step 5: Use the square footage information and applicable code information to
determine appropriate occupancy limitations.
See Appendix C for examples of floor plan and occupancy calculations.
Step 6: Document, document, document!
Keep record of all your efforts, documents and contacts to determine an occupancy limit.
Appendix A
Fair Housing Center of West Michigan • A Guide for Determining Occupancy Limits based on Local Restrictions • March 2019
KEY:
IPMC International Property Maintenance Code
BOCA BOCA National Property Maintenance Code
None The government’s online Code of Ordinances did not contain a Property Maintenance Code and/or a
government official confirmed that no property maintenance code had been adopted
This information is based on the best efforts of the Fair Housing Center of West Michigan to verify Property Maintenance
Codes adopted as of December 2018. This information is subject to change, and does not substitute for contacting the
appropriate governing municipality to confirm any applicable occupancy restrictions or regulations.
Property Maintenance Codes of Local Units of Government within Kent County, MI
Local Unit of Government
Type
Ada
Township
Algoma
Township
Alpine
Township
Bowne
Township
Byron
Township
Caledonia
Township
Caledonia
Village
Cannon
Township
Cascade
Township
Casnovia
Village
Cedar Springs
City
Courtland
Township
East Grand Rapids
City
Gaines Charter
Township
Grand Rapids
City
Grand Rapids
Township
Grandville
City
Grattan
Township
Kent City
Village
Kentwood
City
Lowell
Township
Lowell
City
Nelson
Township
Oakfield
Township
Plainfield Charter
Township
Rockford
City
Sand Lake
Village
Solon
Township
Sparta
Village
Sparta
Township
Spencer
Township
Tyrone
Township
Vergennes
Township
Walker
City
Wyoming
City
Appendix B
Fair Housing Center of West Michigan • A Guide for Determining Occupancy Limits based on Local Restrictions • March 2019
Minimum Required Floor Area in Square Feet
Area
Bedroom
Living Room
Dining Room**
Kitchen
# of occupants
1
2
3
4
1-2
3-5
6+
1-2
3-5
6+
1-2
3-5
6+
Code
2018 IPMC
70
100
150
200
120
120
150
none
80
100
none
none
none
2015 IMPC
70
100
150
200
120
120
150
none
80
100
none
none
none
2012 IPMC
70
100
150
200
120
120
150
none
80
100
none
none
none
2009 IPMC*
70
70
70
70
120
120
120
none
none
none
none
none
none
2006 IPMC*
70
70
70
70
120
120
120
none
none
none
none
none
none
2003 IPMC
70
100
150
200
none
120
150
none
80
100
none
none
none
2000 IPMC
70
100
150
200
none
120
150
none
80
100
50
50
60
1996 BOCA
70
100
150
200
none
120
150
none
80
100
50
50
60
1993 BOCA
70
100
150
200
none
120
150
none
80
100
50
50
60
City of Walker
70
100
150
200
150
200
300
50
80
150
none
none
none
KEY:
IPMC International Property Maintenance Code
BOCA BOCA National Property Maintenance Code
NOTE: Sleeping area.
Under the IPMC, the minimum occupancy area required for living rooms and dining
rooms shall not be included as sleeping area in determining the minimum occupancy area for sleeping
purposes; which may infer that any floor area in excess of the required minimum may be counted as sleeping
area if it also meets the requirements for sleeping areas. Check with your code official for a determination on
whether or not there is additional sleeping area in a living room, dining room or den.
*Code official discretion: The 2006 and 2009 IPMCs establish baseline minimum room area requirements for
bedrooms and living rooms regardless of the number of occupants, but do not specify per person area
requirements. Instead, these versions of the IPMC state the following regarding overcrowding: the number of
persons occupying a dwelling unit shall not create conditions that, in the opinion of the code official, endanger
the life, health, safety or welfare of the occupants.
**Combined spaces. Combined living room and dining room spaces shall comply with the requirements of this
table if the total area is equal to that required for separate rooms and if the space is located so as to function
as a combination living room/dining room (1993 BOCA, 1996 BOCA, 2000 IPMC, 2003 IPMC, 2012 IPMC, 2015
IPMC, 2018 IPMC).
For example, this means that under the 2018 IPMC a combined living room/dining room would need to be at
least 200 square feet (120 square feet + 80 square feet) for 3 - 5 occupants.
Appendix C
Fair Housing Center of West Michigan • A Guide for Determining Occupancy Limits based on Local Restrictions • March 2019
Example 1: Two Bedroom Unit with Separate Living Room and Dining Room
Applicable Code: 2018 International Property Maintenance Code
Square Footage Calculations:
Room
Dimensions
Square Footage
Allowable Occupants
Bedroom
12’ x 10’
120 sq. ft.
2
Bedroom
13’ x 12’
156 sq. ft.
3
Dining Room
9’ x 10’
90 sq. ft.
3 - 5
Living Room
12’ x 16’
192 sq. ft.
6 or more
Determination of Occupancy Limit: 5 occupants
Explanation: while the living room is large enough to accommodate 6 or more occupants, there is only
sufficient sleeping area for 5 occupants (2 occupants in the first bedroom and 3 occupants in the
second bedroom) and there is also only sufficient dining room space for up to 5 occupants.
Appendix C
Fair Housing Center of West Michigan • A Guide for Determining Occupancy Limits based on Local Restrictions • March 2019
Example 2: One Bedroom Unit with Combined Living Room and Dining Room
Applicable Code: 2018 International Property Maintenance Code
Square Footage Calculations:
Room Dimensions Square Footage
Allowable
Occupants
Bedroom
11’7” x 13’10”
160 sq. ft.
3
Combined Living Room/Dining
Room (Great Room)
19’7” x 13’
254 sq. ft.
6 or more
Determination of Occupancy Limit: 3 occupants
Explanation: while the living room/dining room is large enough to accommodate 6 or more occupants,
there is only sufficient sleeping area for 3 occupants.
The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department
of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author
and publisher are solely responsible for the accuracy of the statements and interpretations contained in this
publication. Such interpretations do not necessarily reflect the views of the Federal Government.
Preventing and eliminating illegal housing discrimination and
ensuring equal housing opportunity through education,
outreach, research, advocacy, and enforcement.
Fair Housing Center of West Michigan
20 Hall Street SE
Grand Rapids, MI 49507
Tel: (616) 451-2980 or 1-866-389-FAIR
Fax: (616) 451-2657
E-mail: contact-us@fhcwm.org
Website: www.fhcwm.org
Please note that this guide book is not intended to be used as legal advice and does not substitute for contacting
the appropriate governing municipality to confirm any applicable occupancy restrictions or regulations.
Serving the Michigan counties of Allegan, Grand Traverse, Ionia, Isabella, Kent, Mecosta,
Montcalm, Muskegon, Newaygo, Oceana, Osceola and Ottawa.