HUD Handbook 7465.1 § 5-1

a.   POLICY

         (1)   HUD does not specify the number of persons who may
               live in public housing units of various sizes.

         (2)   The PHA must set reasonable occupancy standards
               which will assist as many people as possible
               without overcrowding the unit or the project and
               which will minimize vacancies.

         (3)   In setting the occupancy standards, the PHA must
               comply with all reasonable State or local
               restrictions regarding the maximum number of
               occupants permitted to occupy a dwelling.

         (4)   In assigning families to public housing, a PHA may
               allow families to occupy units of sufficient size
               so that persons of opposite sex (other than
               spouses), persons of different generations, and
               unrelated adults may have separate bedrooms.
               Where the PHA permits families to occupy units of
               sufficient size to enable persons in these
               categories to have separate bedrooms, the PHA
               should permit such families to choose whether to
               opt for the larger or smaller units at the time of
               application. PHAs may also choose to allow such
               families to be placed on waiting lists for both
               the larger and smaller units. A PHA is free to
               allow families large enough units to enable
               persons in these categories to have separate
               bedrooms, without also having to allow families to
               occupy units of sufficient size for persons of the
               same sex, persons of the same generation, or
               related adults to have separate bedrooms.

         (5)   PHAs may have different standards for different
               projects but such standards must not result in or
               perpetuate patterns of occupancy which would be
               inconsistent with Title VI of the Civil Rights Act
               of 1964 or the Fair Housing Act.

         (6)   For the purpose of determining unit size, PHAs are
               required to include, as members of the household,
               all children anticipated to reside in a dwelling
               unit. Examples include children expected to be
               born to pregnant women, children who are in the
               process of being adopted by an adult, or children
               whose custody is being obtained by an adult. The
               PHA should also include children who are
               temporarily absent from the home due to placement

                  in foster care when considering family composition
                  and family size.

b.      DISCUSSION

            (1)   In establishing occupancy standards, PHAs may
                  provide for the assignment of units so that:

                  (a)   No more than two persons would be
                        required to occupy a bedroom.

                  (b)   Persons of different generations,
                        persons of the opposite sex (other than
                        spouses) and unrelated adults would not
                        be required to share a bedroom.

                  (c)   Husband and wife share the same bedroom.

                  (d)   Children of the same sex share a
                        bedroom.

                  (e)   Children, with the possible exception of
                        infants, would not be required to share
                        a bedroom with persons of different
                        generations, including their parents.

*           (2)   These guidelines result in the following range
                  of persons per bedroom:

                NUMBER OF BED                               NUMBER
            OF PERSONS
                                           MINIMUM   MAXIMUM

                        0                    1                  1
                        1                    1                  2
                        2                    2                  4
                        3                    3                  6
                        4                    5                  8
                        5                    7                 10        *

                  For example, if the PHA has adopted these
                  standards, households with three people
                  generally should not receive apartments with
                  more than three bedrooms. Nor should such
                  households be required to live in apartments
                  with fewer than two bedrooms. A household of
                  three persons should be permitted to live in
                  an apartment with fewer than two bedrooms if
                  the household so desires, unless there is a
                  state or local occupancy law forbidding
                  occupancy of the unit by three or more
                  persons or unless the PHA maintains an

              occupancy policy forbidding occupancy of the
              unit by three persons, and such an occupancy
              Policy is reasonable under the circumstances.

*       (3)   If, because of a physical or mental handicap
              of a household member or a person associated
              with that household, a family may need a unit
              that is larger than the unit size suggested
              by the guidelines in paragraph 5-lb (2), it
              may be an unlawful failure to make reasonable
              accommodation to deny such a family the
              opportunity to apply for and obtain such a
              unit.

*       (4)   PHAs should consider the size of the unit and the
              size of the bedrooms as well as the number of
              bedrooms.

        (5)   PHAs with many efficiencies but few one-bedroom
              units may want to reserve the one-bedroom units
              for two-person families.

        (6)   PHAs may adopt occupancy standards which permit a
              lower level of occupancy in certain projects in
              order to help market units in hard-to-rent
              projects, i.e., projects with high vacancy rates
              or an absence of larger families on the waiting
              lists. For example, a PHA may allow two-person
              families to obtain three-bedroom units in such
              projects in order to help market units. This does
              not mean, however, that families with more than
              two persons may be forbidden from occupying two-
              bedroom units in such projects subject to
              reasonable occupancy limits adopted consistent
              with this section.

        (7)   Foster children are normally included in
              determining unit size.

        (8)   A live-in care attendant who is not a member of
              the family should not be required to share a
              bedroom with another member of the household.

        (9)   A person of a different generation, such as a
              grandmother, should not be required to share a
              bedroom with her children or her grandchildren.

        (10) A PHA may provide space for a child who is away at
             school but who lives with the family during school
             recesses. A PHA would usually not provide space
             for a family member who will be absent most of the
             time, such as a member who is away in the

                  military. A family may need a unit that is large
                  enough to accommodate a member of the family or a
                  person associated with that household who has a
                  physical or mental handicap. Failure to provide
                  reasonable accommodations to such a family may be
                  unlawful. It may also be unlawful to deny such a
                  family the opportunity to apply for and obtain
                  such a unit.

            (11) To avoid vacancies, a PHA may provide a family
                 with a unit that is larger than suggested by the
                 guidelines in paragraph 5.1 b 2, with the
                 provision that the family will move to a smaller
                 unit when another family needs the unit and a
                 suitable smaller unit is available. Any such
                 provision must be in the lease.