Occupancy Disclosure Forms |Occupancy Enforcement Process | Extra Occupancy Rental Homes | Occupancy FAQ's To avoid over-occupancy complaints, landlords and tenants should be familiar with The City of Fort Collins occupancy limit. The "U plus 2" law or occupancy 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. The occupancy limits are further defined in the Land Use Code 3.8.16. Under this ordinance the following scenarios are allowed: - a family (of any size), - a family (of any size) and their nanny, - a family (of any size) and an exchange student, - two single parents, their kids, and a friend, or - two siblings and one friend. These are not allowed: - two couples, - two brothers and their 2 friends, or - a family (of any size), a caretaker, and an exchange student. BACK TO TOP Occupancy Disclosure Forms An occupancy disclosure form should be signed at the time of lease or sale of a property. We have two versions of this form, one for sale and one for lease. (See Download Forms to the left.) Owners or landlords should keep this form as part of their records. The form is intended to ensure all parties are aware of and understand the occupancy ordinance. If an occupancy complaint is filed on a property the City will ask the owner or the landlord to provide a copy of a signed, occupancy disclosure form. BACK TO TOP Occupancy Enforcement Process If you believe there is a home near you which is over-occupied, you can file a complaint by either completing an investigation form (See Download Forms to the left.) or calling the Nuisance Hotline at 970-416-2200. Complaints can be made anonymously, although staff encourages signed complaints so they can work directly with neighbors to resolve the issue. All complaints will be followed up on. Over-occupancy can be difficult to prove. It is helpful if you can provide information such as license plate numbers of occupants or vehicle logs although this is not required!
BACK TO TOP Extra Occupancy Rental Homes Some areas of Fort Collins allow for a permitting process to increase occupancy. Eligible homes need to be located in a zone allowing for extra occupancy and owners must complete a safety inspection and meet certain criteria. For more details please go download our Extra Occupancy Rental House Regulations at http://www.fcgov.com/nbs/pdf/extraoccupancybinder2.pdf. BACK TO TOP Occupancy FAQ's Why does the occupancy code exist and how long has it been in the books? Since the 1960s, Fort Collins has enforced occupancy restrictions. The City addresses occupancy to help ensure health and safety of residents, and to help protect the quality and character of neighborhoods. 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 City of Fort Collins may request the form during an investigation of an occupancy limit violation. 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 Occupancy 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. 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. For more info, please visit Building Services at fcgov.com/building. 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 at sls.colostate.edu. BACK TO TOP |
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