Eliminating Cohabitation Prohibition Model Legislation

What is Eliminating Cohabitation Prohibition legislation?

Many cities still enforce rules that limit the number of unrelated people who can live in a single housing unit. These restrictions discriminate against students, seniors, low-income renters, and nontraditional households. 

The bill eliminates those rules and requires that occupancy limits be based only on objective health and safety standards, such as square footage or fire code, not personal relationships. Local governments would have 180 days to revise their codes accordingly.

Several states have eliminated family-based occupancy limits to expand shared housing options. Iowa, Oregon, Colorado, Washington, and New Hampshire now prohibit cities or HOAs from restricting how many unrelated people can live together, making co-living and other flexible housing arrangements easier to establish.

Executive Summary

The following model legislation is designed to eliminate local ordinances that limit the number of unrelated people who can live together in a single housing unit. These so-called “family definitions” have long been used to exclude low-income renters, students, seniors, and chosen families from residential neighborhoods. While often framed as zoning or safety measures, such rules rarely serve any real public purpose. Instead, they reinforce exclusionary zoning and restrict access to affordable housing arrangements.

Why is this legislation necessary?

Across the country, many local jurisdictions enforce outdated occupancy rules that privilege traditional nuclear families while criminalizing housemates, co-living models, and other nontraditional households. In many cases, these restrictions operate as stealth mechanisms to limit density or maintain neighborhood homogeneity. They violate basic principles of fairness and autonomy by regulating how people live based on their relationships rather than on real health or safety concerns. It’s also noting that these bans may very well violate state constitutions and the U.S. constitution.

State intervention is needed because these local rules are legally suspect, socially regressive, and economically harmful. By eliminating restrictions that hinge on familial status, this legislation restores housing choice and ensures that local governments regulate occupancy based only on objective safety standards, like fire codes or square footage, not social prejudices.

What does the legislation do?

Section 2 establishes the intent of the legislation, declaring that limits on unrelated occupancy are discriminatory and not grounded in public safety.

Section 3 defines “dwelling unit,” “household,” and “local government” to ensure broad application across housing types and jurisdictions.

Section 4 prohibits any local law that limits the number of occupants in a dwelling based on whether they are related. Localities may still set maximum occupancy limits, but only based on uniform, objective safety standards.

Section 6 creates a private right of action for those harmed by illegal enforcement, including access to injunctive relief and attorney’s fees.

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Model Legislation to Eliminate Restrictions on Unrelated Occupants

Section 1. Title.

This Act shall be known and may be cited as the “_____________Act.”

Section 2. Purpose and Intent.

1. The Legislature finds and declares all of the following:
   
   1. Artificial limits on the number of unrelated people who may reside together in a single dwelling unit discriminate against nontraditional households, infringe on personal freedoms, and undermine housing access.
      
   2. Local ordinances that regulate occupancy based on familial or non-familial status have been used to exclude low-income individuals, seniors, students, and other lawful renters.
      
   3. State law should ensure that housing regulations are based on objective health and safety standards, such as square footage and building capacity, rather than relationship status.
      
   4. The purpose of this Act is to eliminate occupancy restrictions based on the relationship of household members and ensure that local ordinances regulating occupancy do so solely on the basis of health and safety standards.

Section 3. Definitions.

1.  “Dwelling unit” means any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, intended for occupancy by one or more persons.
   
2. “Household” or “occupancy” means the group of individuals residing in a dwelling unit, regardless of relationship, familial status, legal partnership, or other personal association.
   
3. “Local government” means any city, county, or city and county, whether general law or chartered.

Section 4. Prohibition On Occupancy Limits Based On Relationship Status.

1. A local government shall not adopt or enforce any ordinance, regulation, or policy that limits or restricts the number of persons who may occupy a dwelling unit based on whether such persons are related or unrelated by blood, marriage, adoption, or any other legal or familial relationship.
   
2. Local governments may establish maximum occupancy limits based solely on objective health and safety standards, such as building code requirements for habitable space, plumbing fixtures, or fire safety, provided such limits are uniformly applied to all residents regardless of relationship.

Section 5. Preemption of Local Ordinances.

1. Any local ordinance, policy, or regulation in effect as of the effective date of this Act that conflicts with this Act is hereby preempted and shall be unenforceable.
   
2. Local governments shall revise any local ordinance or zoning code provision that conflicts with this Act within 180 days of the effective date.

Section 6. Enforcement and Remedies.

1. A person who is denied housing or subjected to enforcement based on a prohibited occupancy restriction shall have a private right of action against the local government for declaratory and injunctive relief.
   
2. Courts may award attorney’s fees and costs to a prevailing party in any action brought pursuant to this section.

Section 7. Severability.

If any provision of this Act or its application is held invalid, the remainder of the Act shall not be affected and shall continue in full force and effect.