Occupancy Limits

For many students, the costs of rent and utilities may be overwhelming and it may be tempting to add an extra roommate or two to help carry the expense. Be aware that Baton Rouge city zoning code sets strict limits on how many unrelated persons can legally occupy some residences. The landlord may have additional restrictions for long-term guests (meaning roommates or guests not listed on the lease). Know the occupancy limits of the apartment or house. If residents exceed the limit, there is a risk of having the lease terminated.

 

For example, only single-family dwellings are permitted in A-1 zoning districts, which are listed in the table of permissible uses, Section 8.201 of the Unified Development Code (UDC). You can access the UDC via the East Baton Rouge Planning Commission.

 

“Family is an individual or two (2) or more persons who are related by blood, marriage or legal adoption living together and occupying a single housekeeping unit with single culinary facilities; or not more than two (2) persons, or not more than four (4) persons (provided the owner lives on the premises) living together by joint agreement and occupying a single housekeeping unit with single culinary facilities on a non-profit, cost-sharing basis.”

 

Section 6.7(C) of the UDC also provides: “Whenever the building Official has cause to believe a violation of Section 8.201, single family permissible uses, and Chapter 2, definitions, has occurred, the owner and/or occupant is required to furnish affidavits, executed before a Notary Public, under penalty of law, attesting to the number of unrelated occupants of the house. Failure to do so shall constitute prima facie evidence that a violation of the single family zoning restriction has occurred.”

 

For more information on East Baton Rouge Parish property and zoning regulations, visit the Laws & Regulations section of this website or contact the East Baton Rouge Parish Planning Commission.
 

Source: East Baton Rouge Parish Attorney’s Office

 

 

NOTE:  Please be sure to check our Resources section for much more information, including additional worksheets and checklists.