Excelsior, Minn., Code of Ordinances ch. 8, art. IV § 8-142
Permissible occupancy of rental dwelling unit
Operative Text
Except as otherwise permitted or required by state law, the maximum permissible occupancy of any rental dwelling unit shall be determined as follows: (1) For the first occupant, 150 square feet of habitable room floor space and for every additional occupant, at least 100 square feet of habitable room floor space. (2) In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the rental dwelling unit.
Excelsior Code of Ordinances ch. 8, art. IV § 8-142 establishes two interlocking limits on how many people may legally occupy a rental dwelling unit. First, the unit must provide at least 150 square feet of habitable floor space for the first occupant and at least 100 additional square feet for each person beyond that. Second, regardless of square footage, the total number of occupants can never exceed twice the number of habitable rooms — not counting the kitchen — in the unit. State law may create exceptions or override these local standards in certain circumstances.
Plain English — not legal advice.
Under § 8-142, compliant operators generally calculate maximum occupancy for each rental unit using both the square-footage formula and the habitable-room cap, then apply whichever limit is more restrictive. A well-documented property file typically includes floor-plan measurements of habitable space and a room count (excluding the kitchen) so that the permissible occupancy figure can be readily verified. Operators also stay attentive to any state-law provisions that may modify these local standards, since § 8-142 expressly defers to state law where applicable.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8-142 of the Excelsior Code of Ordinances gives tenants a baseline protection: a rental unit cannot lawfully be occupied beyond the limits set by the square-footage and habitable-room formulas described in the provision. If a tenant believes a landlord is attempting to enforce an occupancy restriction that falls below these minimums — or is renting a unit already overcrowded beyond the maximums — that provision may be relevant to raise with local housing or code-enforcement authorities, or as a defense in a housing proceeding. Tenant-rights organizations familiar with Excelsior's local code can help explain how these standards interact with any applicable state-law protections.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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