Abstract
How do we decide how many people should live in a dwelling? This paper rethinks occupancy standards regulating how many people can live in a home, exploring their use by landlords and the impact on tenants across Aotearoa New Zealand. We conceptualise these rules and their use as social constructs influenced by dominant cultural norms and power structures. Using tenant interviews (n = 23), Tenancy Tribunal orders (n = 14), and data from an online rental platform (n = 4,623), we argue that maximum occupancy laws do not serve families well, create unnecessary injustice in access to housing, underutilise rental housing at a time of high demand, create insecure occupancy, and can enable discrimination. We find that restrictions on occupancy have a relatively greater impact as the number of bedrooms in a home increases. We make the case to temper landlord discretion on occupancy and introduce a standard that better reflects public health concerns and allows tenants greater control in accessing housing and deciding who they live with.