Hi, there! Joe White here from Grow Property Management, your trusted property management company in Philadelphia.
The city of Philadelphia has well-defined parameters and clear restrictions on how many tenants are allowed to reside within that rental property.
I recently received a question from an anonymous submitter about limiting the number of people living in a rental unit. They were concerned because a potential tenant was accusing them of violating fair housing laws, specifically related to familial status. As a landlord and property manager in Philadelphia, I want to be very clear on this: fair housing laws protect several classes, and familial status is one of them. That means you legally can’t discriminate against families or say things like “no kids” or “only single people allowed.” Even suggesting that only single males can live in a unit would be a violation.
Instead, you have to follow your city or municipality’s occupancy limits. In Philadelphia, for example, the law allows two people to reside in a room that is 60 square feet or larger, and one person in a 40 square foot room. So, if you own a two-bedroom unit where one room is 60 sq ft and the other is 40 sq ft, you can legally house three people there.
Now, if you also have a finished basement, things get a bit more complicated. In order to count the basement as livable space – especially as a bedroom – it must have two means of egress. One would be the staircase leading up to the main floor, and the second would need to be a properly sized window or door that offers an alternate escape route in case of a fire. If it meets that standard, then yes, the basement could potentially count as a legal sleeping space.
That being said, even if the space technically allows only three people by square footage, what tenants do with that space (who sleeps where, etc.) is up to them – as long as you’re compliant with local occupancy laws. Still, I highly recommend looking up your specific municipality’s requirements. A quick Google search like “[Your City] rental occupancy limits” can go a long way.
At the end of the day, it’s about keeping everyone safe and staying within the legal boundaries. If you allow more people to live in a unit than the law permits and something terrible happens—like a fire – you could be held liable. As a humble Philadelphia property manager, I just want to help people invest in rental property the right way.
Happy rental property investing!
