Quick Answer: How household size is counted and who can be on the lease comes down to two separate tests. Household size, used for income limits, includes everyone living in the unit plus a few people who aren't, such as an unborn child. Occupancy limits then cap how many people the apartment itself can hold.
The two numbers don't always match. At an income-restricted community like Dakota Apartments in south Fort Worth, the household size on your application decides which income limit applies, while the lease lists every person allowed to live there.
Who counts toward household size for income limits?
For income limits, household size generally means every person living in the unit, with two exceptions: live-in aides and guests. That rule comes from paragraph 3-6 of HUD Handbook 4350.3, the occupancy guide many income-restricted programs follow.
The HUD occupancy handbook's household size rules also count some people who aren't sleeping there every night. A child temporarily placed in foster care still counts. So does a child in joint custody who's with you at least half the time, a student away at school who comes home for breaks, an unborn child, and a child you're in the process of adopting.
Why does this matter so much? Income limits rise with each person. In HUD's FY2026 income limit tables, the one-person limit sits at about 70% of the four-person figure, and the two-person limit at about 80%. Leaving a pregnancy or a shared-custody child off your application could put you over a limit you'd actually meet.
| Person | Counts toward household size? | What to know |
|---|---|---|
| Adults and children living in the unit | Yes | Every member 18 or older signs consent and verification forms |
| Unborn child of a pregnant household member | Yes | Raises the income limit before the birth |
| Child in joint custody | Yes, if present 50% of the time or more | Based on time actually spent in your home |
| Student away at school | Yes, if home during school recesses | Student rules may still apply |
| Live-in aide | No | Aide's income is excluded from household income |
| Guests | No | Visits don't change household size |
How do apartment occupancy limits work in Texas?
Apartment occupancy limits cap how many people can live in a unit, and in Texas two layers apply. Texas Property Code Section 92.010 bars a landlord from allowing more than three adults per bedroom. Federal fair housing guidance then shapes how tight a landlord's own rules can be, especially for families with children.
Federal occupancy standards vs. Texas law
HUD's 1998 statement of policy, known as the Keating Memorandum on fair housing occupancy standards, treats two persons per bedroom as a reasonable general rule under the Fair Housing Act. It isn't a hard ceiling. HUD also weighs bedroom and unit size, the age of any children, and whether a den could serve as sleeping space.
The Texas Property Code's residential tenancy chapter counts only adults, meaning people 18 or older, and defines a bedroom as sleeping quarters, not a living room or kitchen. A two-bedroom unit can't legally hold more than six adults in Texas, whatever a lease says. The state cap bends in two narrow cases: when fair housing law requires a higher number, and for up to one month when an adult is seeking refuge from family violence.
A community's own occupancy policy usually sits between those two markers. Ask the leasing team to explain its lease occupancy rules before you choose a unit, then compare Dakota's floor plans and bedroom counts with your current household and any planned additions in mind.
Lease holder vs occupant: what's the difference?
The lease holder vs occupant difference is about money and legal responsibility. Under Texas Property Code Section 92.001, a tenant is authorized by the lease to live in the unit and is generally the person obligated to pay rent. An occupant has the landlord's consent to live there but no obligation to pay. Leases commonly name both.
Many apartment lease requirements put every adult on the lease as a co-tenant, with minors listed as occupants. Income-restricted housing adds another layer. HUD's handbook requires the head of household, the spouse or co-head, and every other member 18 or older to sign consent and verification forms, whether or not they earn anything.
Being an occupant doesn't shrink your household. If you live there, you count.
Can roommates share an income-restricted apartment?
Yes. Unrelated adults can qualify together as one household, and listing roommates on lease documents works the same way it does for a family. Every roommate's income goes into one household total, and that combined figure has to fall under the limit for the household's size.
The full-time student rule
Roommates who are all full-time students face an extra test. Federal tax law bars a unit from qualifying when every member is a full-time student, unless an exception applies, and 26 U.S.C. 142(d)(2)(C) extends that rule to bond-financed rental housing. Exceptions include married students who file a joint return and single parents whose children aren't claimed by someone else. A household with even one member who isn't a full-time student falls outside the rule.
What happens when you're adding someone to a lease after move-in?
Adding someone to a lease after move-in is a formal change. The new person usually goes through the same screening and income verification as an applicant, and the household's certified size and income are updated before they move in.
IRS guidance for tax credit housing spells out the income side. The newcomer's income is verified and added to the household's existing certification, and a household can keep adding members as long as at least one original member still lives there.
What a lease addendum changes
Many communities handle the change with a lease addendum rather than a brand-new lease. The addendum names the added resident, states whether that person is a co-tenant responsible for rent or an occupant, and becomes part of the original agreement. HUD also encourages an addendum for live-in aides, since an aide's right to stay ends when the person receiving care leaves.
Frequently Asked Questions
1. Does an unborn baby count toward household size for income limits?
Yes. HUD Handbook 4350.3 counts the unborn child of a pregnant household member when setting household size for income limits. That can move a two-person household to the three-person limit before the baby arrives. Report the pregnancy at application so the right limit applies.
2. Can someone live with me without being on the lease?
Not as a resident. Anyone who lives in the unit, adult or child, needs to be listed on the lease as a lease holder or an approved occupant. Short visits from guests don't change household size, but a stay that looks like a move-in should go through the leasing office.
3. How many people can live in a two-bedroom apartment in Texas?
Texas caps a two-bedroom at six adults under Property Code Section 92.010, and children don't count toward that state cap. HUD's fair housing guidance treats two people per bedroom as a reasonable general rule, adjusted for room size and children's ages. Each community's occupancy standards set the working number within those limits.
4. What documents are needed when adding a household member?
Requirements vary by program, but the list usually mirrors what a new applicant provides:
- Photo ID for any adult being added
- Proof of income, or a statement of no income
- Signed consent and verification forms for members 18 or older
- Student status details, where the program asks for them
5. Do roommates both have to qualify on income?
Roommates qualify together, not separately. Each roommate's income is added into one household total, and that total is compared with the income limit for a household of that size. Two roommates use the same two-person limit as a married couple, so neither person needs to qualify alone.
Getting the household count right
Household size and the lease answer different questions. One sets your income limit, and the other sets who may live in the unit within Texas and fair housing limits. List everyone who counts, flag any changes you expect, and start your Dakota application with the full picture. For more on eligibility and paperwork, browse Dakota's renter guides.
