ORS § 90 § 90.112
Maximum occupancy limit.
Operative Text
A maximum occupancy limit may not be established or enforced by any local government, as defined in ORS 197.015, for any residential dwelling unit, as defined in ORS 90.100, if the restriction is based on the familial or nonfamilial relationships among any occupants.
Oregon Revised Statutes § 90.112 prohibits local governments from setting or enforcing a cap on the number of people who may live in a residential dwelling unit when that cap is based on whether the occupants are related or unrelated to one another. The rule does not eliminate all occupancy limits, but it specifically bars limits that turn on the familial or nonfamilial nature of the relationships among residents. In other words, a local government cannot treat a household of unrelated roommates differently from a household of family members simply because of those relationships.
Plain English — not legal advice.
Under ORS § 90.112, property owners and managers operating in Oregon should be aware that any occupancy policy they apply cannot be grounded in whether tenants are related or unrelated to each other. Compliant operators typically base occupancy standards on objective, relationship-neutral criteria — such as square footage or health and safety codes — rather than on household composition by family status. Reviewing lease terms and local ordinances against this standard is a common practice for operators seeking to stay in compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.112 provides Oregon tenants with a protection against local occupancy rules that would limit who can live in a unit based on whether occupants are family members or not. If a tenant believes a local government is enforcing such a relationship-based occupancy restriction, general enforcement paths include raising the statutory violation as a defense in any related proceeding or contacting a local tenant-rights organization for information about available options. Consulting with a housing attorney or a legal aid organization familiar with Oregon landlord-tenant law can help a tenant understand how this provision applies to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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