Federal Guidelines for Bedroom Space

Gross Living Area

• According to legislation used to obtain Federal Housing Association mortgage insurance, Gross Living Area is defined as the total area of finished, habitable, above-grade living space. As a rule, basement space does not count as habitable space. A basement bedroom must have proper light and ventilation, a windowsill may not be higher than 44 inches from the floor and any window must have a net clear opening of not less than 24 inches wide and 36 inches high to be legally habitable.

Bedroom Egress

• All bedrooms must have clear access to the exterior in case of fire or other emergencies. Bedroom occupants must be able to get outside quickly and easily. If an enclosed patio with solid walls has been built around a basement bedroom window, the bedroom may not qualify as habitable space. A basement may be fitted with security bars but only if the bars are easily removed from the inside in accordance with local fire codes.

Federal, State and Local Laws

• As a landlord renting out space, it is advisable to use the local code first as the foundation of your policy for the number of people allowed to live in your rental unit. Federal and State laws should then be applied to your particular rental space. If your local government does not require occupancy limits, follow the HUD guidelines and avoid discrimination against families, same-sex, or unmarried couples to escape litigation initiated by advocates of fair housing.

Definition of Family

• In order to avoid discriminating against families, apply one of the following definitions to the tenants that will rent your individual rental unit:

  a) an individual

  b) a group of two or more persons related by blood, marriage or legal adoption.

  c) not more than six foster care children

  d) not more than four unrelated persons 18 years of age or older

  e) not more than six foster care adults

  In all cases, the space requirements for bedrooms continue to apply.