Is it true that it's illegal for 2 people to rent 1 studio/efficiency according to the Wisconsin law?

Question

Please state sources ...and reason if you know why.

Answer 1

The State of Wisconsin allows local municipalities to determine and impose occupancy limits. If a studio apartment can only be rented to one person, it could be a result of local zoning ordinances, building codes, and/or fire codes. Many times, these laws are related to the square footage of the unit, and it's location or neighborhood within the city.

Where local codes do not cover an apartment, the landlord is usually allowed to put his own limit on the number of tenants. The landlord has to be able to support his decision, perhaps based on, for example, availability of hot water, or requirement of insurance regulations, otherwise the landlord can be challenged in court under federal fair housing rules.

Contact your local building inspector's office and give them the address of the property. They can tell you the number of legal units, number of legal bedrooms, and any occupancy limits imposed by law. Sometimes, the whole building may have an occupancy limit.

For example, a building may have a total occupancy limit of 8 people. If 7 people are already living in the other apartments, only one person would be allowed to move into the vacant studio/efficiency apartment.

Answer 2

Wisconsin statutes do not provide for such situations. However, various municipalities (most commonly 'college towns') may enact ordinances covering occupancy standards to insure against overcrowding and unsafe living conditions.

If you happen to be inquiring about a locale such as Madison, Whitewater, Eau Claire, Menomonee, Stevens Point or any of the other college towns, you might be facing a local ordinance governing such occupancy.

Federal housing laws prohibit such regulations when the proposed tenants are related by marriage, etc. but do not cover two or more unrelated people attempting to live together.