Columbia Heights, Minn., Mun. Code Ch. 5A (2026) § 5A.206
OCCUPANCY LIMITATIONS
Operative Text
(A) (1) Occupancy limitations for all nonresidential properties shall be determined by the type of occupancy and the occupant load limits set by the Minnesota State Building Code and Minnesota State Fire Code. (2) Permissible occupancy of rental dwelling unit. The maximum permissible occupancy of any legal or legal non-conforming rental dwelling unit at the time this code is adopted shall be determined as follows: (a) For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. (b) The minimum permissible square footage of any new rental property, initially licensed after the adoption of this code, shall meet the minimum requirements of § 9.106 (D) of city code. (c) In no event shall the total number of occupants exceed two times the number of bedrooms, in the rental dwelling unit. (d) In no event shall an occupant be allowed to sleep in a basement, or shall a bed, in a usable position, be present in a basement unless the space, through the city permit process, meets all requirements of the Minnesota State Building Code for use as a bedroom. (B) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling unit for occupancy by more than one family, other than for temporary guests. Family is defined in § 9.103 . (Ord. 1532, passed 11-26-07) Penalty, see § 5A.702
Columbia Heights Ch. 5A Rental Housing § 5A.206 establishes how many people may legally occupy a rental dwelling unit. The formula requires at least 150 square feet of habitable space for the first occupant and 100 square feet for each additional occupant, and the total number of occupants can never exceed twice the number of bedrooms. Basements may not be used for sleeping unless they have been approved through the city permit process and meet all Minnesota State Building Code bedroom requirements. Nonresidential properties follow occupant load limits set by the Minnesota State Building Code and Fire Code.
Plain English — not legal advice.
Under § 5A.206, compliant rental operators calculate the maximum number of permitted occupants before renting a unit, using the square-footage formula and the two-times-bedrooms cap as binding ceilings. Operators generally ensure that no lease or informal arrangement allows sleeping in a basement space that has not been permitted and approved as a bedroom through the city's permit process. Keeping documentation of habitable square footage and bedroom counts on file helps demonstrate compliance during licensing inspections, and new rental properties must also satisfy the minimum square-footage standards referenced in § 9.106(D) of city code.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 5A.206 sets the floor on how much space a landlord must provide per occupant and caps total occupancy at twice the number of bedrooms, which means tenants have a right to a unit that meets these minimums. If a landlord is attempting to house more people than the formula allows, or is renting out an unpermitted basement space as a sleeping area, that may constitute a code violation subject to penalties under § 5A.702. Tenants who believe these occupancy standards are not being met can contact the Columbia Heights code enforcement or housing authority, or reach out to a local tenant-rights organization to understand the options available to them.
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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