Wells, Minn., Mun. Code Ch. 150 (2026) § 93.08
OCCUPANCY STANDARDS
Operative Text
Permissible occupancy of a dwelling unit. The maximum permissible occupancy of any dwelling unit shall be deemed as follows: (A) Minimum space. For the first 2 occupants, 220 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space; (B) Maximum occupancy. In no event shall the total number of occupants exceed 2 times the number of habitable rooms, less kitchen, in the dwelling unit; and (C) Occupancy of sleeping rooms. In every dwelling unit of 2 or more rooms, every room occupied for sleeping purposes shall have the following minimum habitable room floor space: 70 square feet for 1 person; 90 square feet for 2 persons; and required habitable room floor space shall be increased at the rate of 50 square feet for each occupant in excess of 2. (Ord. 231, passed 9-8-1997; Am. Ord. passed 8-22-2005) Penalty, see § 10.99
Wells Ch. 150 Residential Rentals § 93.08 establishes maximum occupancy limits for dwelling units based on available floor space and room count. For the first two occupants, at least 220 square feet of habitable floor space is required, with an additional 100 square feet for each person beyond that. The total number of occupants may never exceed twice the number of habitable rooms (excluding the kitchen), and sleeping rooms must meet specific per-person minimums starting at 70 square feet for one person and scaling upward.
Plain English — not legal advice.
Under § 93.08, compliant operators in Wells calculate permissible occupancy before renting a unit by measuring habitable floor space and counting habitable rooms exclusive of the kitchen. A well-managed property maintains records of room dimensions and applies all three tests—minimum space, maximum occupancy, and sleeping-room minimums—to determine the lawful occupant ceiling. Violations of § 93.08 carry penalties referenced in § 10.99, so operators generally document their occupancy calculations and apply them consistently across all units.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 93.08 of the Wells Residential Rentals code sets a floor of rights around how many people may lawfully occupy a dwelling, which can be relevant if a landlord attempts to restrict occupancy below what the space and room count would otherwise permit. Tenants who believe an occupancy limit imposed on them conflicts with the standards set out in § 93.08 may raise that concern with local code enforcement or a tenant-rights organization familiar with Wells municipal ordinances. Consulting a housing advocate or attorney can help clarify how the space and room calculations under § 93.08 apply to a particular unit's layout.
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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