3-unrelated ordinance: City of Fort Collins

Occupancy Disclosure Forms | Occupancy Enforcement Process | Occupancy FAQ's

Frequently citizens ask to see the “3-unrelated” law or ordinance. The ordinance states: Occupancy in a residential dwelling unit (single-family, duplex, and multifamily) is restricted to:

- one family as defined below (Section 5.1.2) and not more than one additional person;
- or two adults and their dependents, if any, and not more than one additional person.

Family shall mean an individual living alone or any number of persons who are all related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, and who live together as a single housekeeping unit and share common living, sleeping, cooking and eating facilities

Occupancy Disclosure Form for Property SALE
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Occupancy Disclosure Form for Property LEASE
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Occupancy Disclosure Forms

In an effort to make the Occupancy Disclosure Form easy to understand and user-friendly, the City has redone the form into 2 different forms. One is to be used when there is a sale of a property and the other for a lease of a property. The old form is still acceptable, and properties which have already filled one out do not need to redo it. Please, use the new forms at the time of sale or lease.

Occupancy Investigaton Form
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Occupancy Vehicle Log Form
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Occupancy Enforcement Process

-	Upon receipt of a complaint, staff will begin an investigation
-	The owner/property manager will be contacted and asked for a copy of the Disclosure Form. (Disclosure Forms have been required since December 2005 and there is a potential $1000 fine for not having one upon request.)
-	If the investigation produces reasonable cause to suspect over-occupancy the inspector will give notice to all tenants, the landlord, and the property manager that they may receive citations.
-	A reasonable amount of time will be given to correct the over occupancy and come into compliance, unless it's a repeat violation in which case a citation may be issued immediately.
-	Correcting the situation will result in no citation or penalty being issued.
-	If a citation is issued, correcting the situation does not relieve any of the parties of the potential fine (up to $1000 per person.)
-	After being cited, the parties will have 10 days to pay the fine or request a hearing with a hearing officer.
-	If an investigation results in reasonable cause that a rental housing violation exists, inspectors may also conduct a rental housing inspection throughout the entire property.
-	If participants request a hearing they will be scheduled to appear before the court-appointed hearing officer. During the hearing the hearing officer will look at the evidence, hear from all sides, and then make a decision in the case.

Occupancy FAQ's

Why does the occupancy code exist and how long has it been in the books?
Since the 1960s, Fort Collins has defined via ordinances to limit occupancy to a family or no more than 3-unrelated. The City addresses occupancy to help ensure health and safety of residents, and to help protect the quality and character of neighborhoods.

How do I avoid being in violation of this occupancy limit?
Make sure you're complying with the law. If you have a family or do not live with more than 3 adults, then you're not in violation. If you want more than the limit in your dwelling unit, then you might want to look into the possibility of becoming a boarding house.

I own my house. Do I still have to follow the occupancy code and complete a Disclosure Statement?
Yes.

What is the Disclosure Statement?
It is a disclosure form to acknowledge all involved parties have been informed about the occupancy limit in Fort Collins. The owner of the property should keep it filed with the lease or deed. The City of Fort Collins may request the form during an investigation of a violation of City Code. The owner of the property should keep it filed so it would be easily available if requested.

What if my landlord doesn't ask me to sign the disclosure form?
Ask them to provide the form for your signature. The disclosure form will protect both you and your landlord in the event of a violation investigation.

Does the occupancy limit apply to apartments? Modular homes? Duplexes?
Yes to all. The occupancy limits apply to all dwelling units within city limits. There are apartment complexes built and approved for 4 tenants. These complexes have a disclosure statement to reflect this occupancy limit.

What if I have guests on most weekends? Will I be in violation even though these guests don't technically live with me?
It depends on if those guests are occupants. The occupancy limit applies to occupants - not guests. The code classifies anyone who spends more than 30 nights in a dwelling unit in a calendar year as an occupant. Therefore, a frequent guest could actually be considered to be an occupant. If the City receives a complaint, there would be an investigation to see if there's reasonable suspicion of a violation of the occupancy limit.

What does the occupancy enforcement process look like?
The City has a Housing Compliance Inspector who is responsible for enforcing this code. He/she takes complaints, notifies owner/tenants of the compliant, does an investigation, compiles evidence, and issues a civil citation if justified. The defendant could then go to court and the Judge (or referee) determines if the evidence shows a violation has occurred. If so, they will impose a fine and give an order to come into compliance.

What if a house can easily accommodate more than three residents?
The property owner can get designated as an Extra Occupancy Rental Home if the house meets certain criteria. Please visit Building Services for more info.

Who can I contact if I have questions specific to my living arrangement?
You can contact Neighborhood Services at 970-224-6046. If you are a CSU student you can also contact CSU's Student Legal Services.

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