HUD Handbook 7465.1 § 5-1
SIZE OF UNIT NEEDED (HUD Public Housing Occupancy Handbook 7465.1)
Operative Text
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.HUD Handbook 7465.1 REV-2 CHG-2 § 5-1 establishes that Public Housing Authorities (PHAs), not HUD itself, are responsible for setting occupancy standards that balance maximizing housing access with preventing overcrowding. These standards must comply with applicable state and local occupancy laws and must not produce patterns of segregation that violate the Civil Rights Act of 1964 or the Fair Housing Act. The provision also outlines how household composition is determined—including anticipated children, foster children, and live-in care attendants—and requires that families with members who have physical or mental disabilities be considered for reasonable accommodations in unit size.
Plain English — not legal advice.
PHAs operating under HUD Handbook 7465.1 REV-2 CHG-2 § 5-1 generally adopt written occupancy standards that define the range of household sizes appropriate for each unit type, using the guideline of no more than two persons per bedroom as a baseline. Compliant operators typically document how household composition is calculated—counting anticipated children, foster children temporarily absent, and live-in care attendants—and ensure their standards do not vary across projects in ways that could perpetuate discriminatory occupancy patterns. PHAs also commonly include lease provisions addressing temporary over-housing arrangements and maintain procedures for evaluating reasonable accommodation requests related to unit size for households with members who have disabilities.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under HUD Handbook 7465.1 REV-2 CHG-2 § 5-1, public housing applicants and residents have the right to have their full household composition—including expected children, foster children, and live-in care attendants—considered when a unit size is determined. Households that include a member with a physical or mental disability may be entitled to a larger unit as a reasonable accommodation, and the provision indicates that denying such an opportunity could be unlawful. Tenants who believe their household composition was miscounted or that a reasonable accommodation was improperly denied may consider contacting their local PHA's grievance process, a HUD field office, or a tenant-rights organization familiar with public housing rules.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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