Occupancy Limits

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Occupancy Reform Review

On Aug. 17, 2023 City Council approved an increase in the allowable occupancy per dwelling unit to five unrelated people citywide to add more affordable housing opportunities in the community.

In the Land Use Code, the former number of unrelated people per dwelling unit is three for lower density residential zoning districts, and four in most other areas of the city. The increase does not apply to nonconforming residential properties that have more dwelling units than the current zoning allows. On these properties, the former limit of three or four will continue to apply. The city does not regulate how many family members may occupy a dwelling unit.

Watch the City Council Public Hearing

Comments or questions about the project can be directed to Karl Guiler, Senior Policy Advisor.

Several criteria make up the city's occupancy limits:

A family, as defined by the city's Municipal Code, plus two unrelated people are allowed to live in a dwelling.

Learn more and search for limits at specific property addresses

Occupancy and COVID-19

The city’s enforcement approach to over-occupancy violations was adjusted during the COVID-19 pandemic, through May 31, 2021, to avoid displacing people from safe dwellings. This approach took into account health and safety circumstances presented by the pandemic.

Now, the city is back to its standard procedure, which requires occupants to find alternative safe housing and reduce the number at the property to a compliant level. People are usually given 30 days initially with extensions offered for tenants struggling to find available housing. The city works with occupants to achieve compliance and ensure they have safe housing.

Frequently Asked Questions

Building codes have occupancy limits that are meant to limit the number of people within buildings for life safety reasons. Additional zoning restrictions that limit the number of people in each dwelling unit (e.g., housing units like one single-family house, a duplex, an apartment or condo etc.) are also found in the city’s land use code. There is no limit on the number of family members within each dwelling unit, but there are limits on the number of unrelated people per dwelling unit.

City Council passed Ordinance 8585 on Aug. 17, 2023, which increases the number of unrelated people per dwelling unit (house, apartment, condo unit etc.) to five.

In efficiency living units (ELUs – Units that are no larger than 475 square feet), the limit was increased to three.

Ordinance 8585 also permits three persons and any of their children and any of their children by blood, marriage, guardianship, including foster children or adoption.

Only one of the above options apply to each dwelling unit, not all. There are also unique occupancy limits for accessory dwelling units, cooperative housing units and other institutional uses.

No. The increase to five only applies to properties that are conforming to the city’s current density requirements (number of dwelling units per acre). This increase will apply to most properties in the city.

Look up the zoning of your property here
Determine the minimum lot area or open space per dwelling unit, if applicable, per Table 8-1 here.
1. Some zones have zoning limits on the number of dwelling units and other do not.
Determine the total number of dwelling units are on your property. If the total is not more than allowed by Table 8-1 or if the zone has no limit, the increase to five applies to the property.

If the total is more than the limit in Table 8-1, the property is considered a nonconforming use subject to Section 9-8-5(d) and the occupancy limit will either be three unrelated for the RL, RR, RE, P or A zones, or four unrelated for all other zoning districts. Note: Properties with one dwelling unit in the RL, RR, RE, P or A are not considered nonconforming if they don’t meet the minimum lot size or minimum lot area per dwelling unit requirements.

If you’ve done the steps above and are still unclear if your property is eligible, please contact city staff at Inquire Boulder.

Lastly, there are some properties that have nonconforming occupancy, which means the occupancy is already allowed to be greater than 5 because it was approved before the current occupancy limits. These properties are permitted to have the higher occupancy if they were previously greater than five and are otherwise, consistent with the rules in Section 9-8-5(c).

How to Determine if a Property is Eligible for the Increase to Five

Look up your property

Look up the zoning of your property here.

Determine the minimum lot area or open space per dwelling unit

Determine the minimum lot area or open space per dwelling unit, if applicable, per Table 8-1 here.

Some zones have zoning limits on the number of dwelling units and other do not.

Determine the total number of dwelling units that are on your property

Determine the total number of dwelling units that are on your property. If the total is not more than allowed by Table 8-1 or if the zone has no limit, the increase to five applies to the property.

If the total is more than the limit in Table 8-1, the property is considered a nonconforming use (more units than are currently allowed) and the occupancy limit will either be three unrelated for the RL, RR, RE, P or A zones, or four unrelated for all other zoning districts. Note: Properties with one dwelling unit in the RL, RR, RE, P or A are not considered nonconforming if they don’t meet the minimum lot size or minimum lot area per dwelling unit requirements.

If you’ve done the steps above and are still unclear if your property is eligible, please contact city staff at Inquire Boulder.

Lastly, there are some properties that have nonconforming occupancy, which means the occupancy is already allowed to be greater than 5 because it was approved before the current occupancy limits. These properties are permitted to have the higher occupancy if they were previously greater than 5.

Enforcement

The Planning & Development Services Code Compliance Team oversees occupancy limits. Since 2018, this team has received just over 100 calls regarding potential over-occupancy.

Total Calls

2018: 26
2019: 36
2020: 31
2021: 26
2022: 28

Calls where no violation was found

2018: 14
2019: 13
2020: 8
2021: 12
2022: 16

Complaint Received:

2018: All Cases Investigated
2019: All Cases Investigated
2020: 3 Still Under Investigation
2021: 6 Still Under Investigation
2022: 4 Still Under Investigation

Enforced Calls

In all cases where a violation is confirmed, the property is required to be brought into compliance. This can take the form of warnings, fines and/or displacement of tenants. The landlord and tenants are given a reasonable amount of time to break the lease and relocate prior to any penalties being assessed. The majority of, if not all, cases are resolved with warnings and amicable resolution to dissolve the lease between the landlord and tenant. Penalties and/or evictions are very rare and the city works with the occupants to achieve compliance and ensure they have safe housing at the conclusion of the case.

Complaint Received or Confirmed Violation (Complaint received is a report that is still being investigated. Confirmed Violation is a case where a violation has been found and the case is still in progress or has been closed with the issue resolved):

2018: 12
2019: 23
2020: 21
2021: 12
2022: 7

Occupancy Limits

Contact Karl Guiler

Occupancy Reform Review