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In Massachusetts OCCUPANCY Maximum number of persons per apartment: 2 persons per bedroom plus 1. Example: In general, maximum number of persons per apartment is 2 persons per bedroom plus 1. This may vary based on the size and configuration of your rental unit.
Every landlord needs to be familiar with the Massachusetts state sanitary code, formally known as 105 CMR 410. Simply put, if your rental property isnt in compliance, its not going to be considered habitable, and you cant rent a unit that no one can (legally) live in.
The Fair Housing Act, enacted by The U.S. Department of Housing and Urban Development (HUD), regulates how many people can live in a rental unit. This law permits two tenants per bedroom or four people total unless a lower or higher number can be justified.
Generally, courts consider an occupancy policy of one tenant per bedroom restrictive. Landlords may set reasonable occupancy limits that do not discriminate against families or children. Therefore, restrictive housing policies are unlawful.
Roommate limitations in Boston: 5 or more rule, Boston Zoning Code, Article 2, Family. City of Boston ordinance that prohibits 5 or more unrelated, full-time undergraduate or graduate students from living in one apartment unit, single family home or any other dwelling unit.
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Federal occupancy standards require landlords to allow two persons per bedroomunless you can point to legitimate business reasons that justify a lower number (this is difficult to do). And state or local occupancy standards may allow even more people in the rental than the federal law does.

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