Housing: Occupancy

Who can share a house in Moscow?

This page compares the household rules of the 27 largest cities in Idaho. Twenty of the 27 let more unrelated people share a house than Moscow does. Moscow is the only one of the 27 whose cap changes by zone, and the only one that requires a conditional use permit for the number of unrelated people in an ordinary house.

Moscow's occupancy cap

Moscow Title 4 §1-6 summary

Related people face no cap. Item 56.b counts any number of related persons as one family, so long as they live together as a single housekeeping unit. City staff put the practical effect on the record: "If they're all related, they can have 42 people in it."

Unrelated people face a cap of four. Item 56.c allows "not more than four (4) persons living together as a single housekeeping unit in a dwelling unit, when one (1) or more of them is not related to any other person in such dwelling unit." That is four by right in every residential zone.

The number then changes by zone. The Chapter 3 land use table allows six unrelated occupants by right in R-4. In AF, FR, SR, R-1, R-2, and R-3, five or six unrelated occupants require a conditional use permit for the same house.

Fire code and building code are separate and still apply. The cap is a zoning number, and the dwelling unit itself is defined by the kitchen.

Source: Moscow City Code Title 4 Chapter 1 §1-6 item 56 and Title 4 Chapter 3 land use table, current through Ordinance 2026-04. Quoted statements are from city staff at the Fair & Affordable Housing Commission regular meeting of October 1, 2026.

Effects of the cap

Enforcement runs on complaints

Staff described the whole process on October 1, 2026. A neighbor complains. Staff check rental listings for by-the-bedroom advertising. A letter goes to the owner. If the owner denies it in writing, the matter ends. Repeat complaints escalate to the legal department, and staff said, "I've never seen it get this far." Liability sits with the property owner.

A cap that no case has ever tested still sets who gets a letter. The person who gets the letter is the person a neighbor reported.

The accessory unit contradiction

Idaho Code 67-6541 took effect July 1, 2026. It requires a city to allow an accessory dwelling unit of 1,000 square feet or 75 percent of the primary residence, whichever is greater. Moscow's current standard is 600 square feet or 40 percent, whichever is less, with two persons, an owner occupancy deed restriction, and one parking space. The council vote to adopt the state floor is set for November 2, 2026.

Staff described the result. An accessory unit will carry up to four tenants, related or not, with no parking requirement in most cases, on any single family lot. The principal house on the same lot stays capped at four unrelated occupants, however many bedrooms it holds. The accessory unit also loses the owner occupancy restriction that the principal house never carried.

The parking link

Asked why the cap exists, staff said, "My understanding just from being on the ground is it's heavily related to parking." None of the 27 cities sets an unrelated occupant cap by a parking formula. Moscow's own parking rule charges a single family dwelling two spaces per unit plus one space per bedroom above four bedrooms, which counts bedrooms rather than people.

Bundled parking carries a price. Gabbe and Pierce found in Housing Policy Debate (2017) that an off-street parking space added about 17 percent to rent, near $1,700 a year. Donald Shoup's work on parking requirements documents the same transfer: the tenant pays for the space whether the tenant owns a car or not.

The wider housing case

Occupancy rules in other Idaho cities

The current adopted code of each of the 27 largest Idaho cities sets the values below. Four structures appear.

7
Cap unrelated occupants at four or fewer
6
Cap unrelated occupants at a higher number
9
Functional test, no relationship cap
5
No household occupancy limit in zoning

Seven cities cap at four or fewer

Moscow, Pocatello, Coeur d'Alene, Twin Falls, Jerome, Rexburg, and Star. Two of the seven are stricter than Moscow. Jerome allows zero unrelated occupants in a dwelling unit. Star requires relation by blood or marriage for a family, and reaches an unrelated group only through a separate boarding house use of 3 to 11 persons. Pocatello, Coeur d'Alene, Twin Falls, and Rexburg all match Moscow's number of four.

Six cities cap at a higher number

Meridian at 10, Eagle at 10, Garden City at 10, Hayden at 5, Rathdrum at 5, and Blackfoot at 5. Each number is uniform across zones.

Nine cities apply a functional test with no relationship cap

Boise, Idaho Falls, Mountain Home, Kuna, Middleton, Sandpoint, Hailey, Caldwell, and Lewiston. Each asks whether the occupants live as a single housekeeping unit. None asks how the occupants are related, and none states a head count.

Five cities set no household occupancy limit in zoning

Ammon, Burley, Chubbuck, Nampa, and Post Falls. None of the five defines family or household in a way that counts people. Chubbuck regulates by dwelling type. Burley and Ammon hold no family definition at all. Full-text searches of each complete code on October 2, 2026 found no cap in any title.

Ranked table of 27 Idaho cities

Rank 1 is the most permissive household rule and rank 27 the least. Cities with no limit rank first, then functional tests, then higher caps, then caps of four or fewer. Ties sort by name. Click any column heading to re-sort. Each city name links to the code page the values were read from. A cell that reads None was confirmed by a full-text search of the complete city code. A cell that reads Not found was searched in the sections cited and not located.

Rank▲▼ City▲▼ Cap on unrelated▲▼ By zone▲▼ Permit path▲▼ Functional standard▲▼ Rental licensing▲▼ ADU occupant cap▲▼ Confidence▲▼
1Ammon None; no family definition existsNoneNoneNoneNoneNone stated; 75% or 1,000 sq ft, whichever more restrictiveHigh
2Burley None; no family definition existsNoneNoneBoarding and rooming house set at 3 sleeping roomsNoneNone stated; defined only, standards not setHigh
3Chubbuck None; regulates by dwelling typeNoneNoneNoneShort term rental business licenseNot foundHigh
4Nampa NoneNoneNoneNoneNone adoptedNone stated; 500 sq ft, 1 bedroomHigh
5Post Falls NoneNoneNoneNoneNoneNone stated; 50% or 1,000 sq ft, whichever less, owner occupancyHigh
6Boise NoneNone foundNone for the household test; boarding house 6 to 12 guestsSingle and independent housekeeping unit; housing code sets floor area per occupant (9-6-2)None; short term rental chapter repealed May 2026None stated; 900 sq ft or 70%, whichever smaller, 2 bedroomsHigh
7Caldwell None numericNot foundNot foundSingle housekeeping unitNone foundNone stated; 900 sq ft or 75%, whichever less, 2 bedroomsHigh
8Hailey None; no family definition existsNot applicableBoarding house to 6 rooms by permit in GR and TN zones, by right in LB and B200 gross sq ft minimum per dwelling unitBusiness license onlyNone stated; 66% of the principal building, 2 bedroomsHigh
9Idaho Falls NoneNot foundNot foundSingle household unitNoneNone stated; 750 sq ft, owner occupancy deed restrictionHigh
10Kuna None; single housekeeping unitUniformNot foundNot found; density only, units per net acreNone foundNot found; special use by zoneHigh
11Lewiston NoneNot applicableNot foundNot foundNone foundNone stated; 1,000 sq ft or 75%, whichever greaterHigh
12Middleton NoneNot applicableNot applicableWastewater 250 gallons per day per equivalent dwelling unitNoneNone; no accessory unit chapterHigh
13Mountain Home NoneUniformGroup care facility and group home are separate usesNot foundNone foundNot foundHigh
14Sandpoint NoneNot applicableNot applicableBoarding or lodging house set at 4 to 12 personsNot foundNone stated; 900 sq ft, 1 bedroom, parking requiredHigh
15Eagle 10UniformBoarding or lodging house permit in several districtsNot foundNone foundNone stated; 17,000 sq ft minimum lot, 500 to 1,200 sq ft by lot sizeHigh
16Garden City 10UniformNone in zoning; building code change of occupancy above 10NoneNoneNone stated; 800 sq ft or 50%, whichever greater, to 1,200 sq ft; no parking requiredHigh
17Meridian 10UniformNot foundNone beyond the capNoneHouse plus accessory unit capped at the family numberHigh
18Blackfoot 5UniformNoneNoneNoneNone stated; 1,000 sq ft, owner occupancy, 1 extra parking spaceHigh
19Hayden 5UniformBoarding or rooming house permit in most districtsNot foundNone foundNone stated; flat 1,000 sq ftHigh
20Rathdrum 5UniformNone tied to the capNoneNoneNone stated; 1 bedroom, 75% of the primary dwellingHigh
21Coeur d'Alene 4 unrelated, 5 combinedUniformNone general; 8 person carve outs in the definitionNone beyond the capsNone adopted; short term rental permit onlyHouse plus accessory unit capped at the family numberHigh
22Pocatello 4UniformBoarding house license, 2 households per unit200 sq ft per person, boarding houses onlyBoarding house license, Title 5 Ch. 5.68None stated; 750 sq ft, 1 bedroom, owner occupancyHigh
23Rexburg 4 when one occupant is unrelated to all othersUniformAccessory unit permit is not a higher capNot found for primary dwellingsYes; annual business registration for rental propertyNone stated; 2 bedrooms, ongoing owner occupancyHigh
24Twin Falls 4UniformNone; group home to 8 under Idaho Code 67-6531None beyond the capNoneNone stated; 75% or 1,000 sq ft, whichever greaterHigh
25Moscow 4; 6 in R-4Yes; 4 in AF, FR, SR, R-1, R-2, R-3; 6 in R-45 or 6 unrelated needs a conditional use permit in AF, FR, SR, R-1 to R-3Parking only; 2 spaces per unit plus 1 per bedroom above 4None2 persons; 600 sq ft or 40%, whichever less, owner occupancy, 1 spaceHigh
26Star Roommates are not a family; boarding house covers 3 to 11Boarding house by permit in A, RR, R, MU, and RC; prohibited elsewhereBoarding house needs a conditional use permit in every zone where allowedNoneShort term rental license only2 occupants; 50% of the primary footprint, owner occupancyHigh
27Jerome 0; all occupants must be relatedNoneGroup dwelling needs a special use permit in every districtNoneNoneNone; no accessory unit chapterHigh

The table scrolls sideways on a phone. Moscow's row is highlighted.

Model definitions from four Idaho cities

Each definition below is a functional single housekeeping unit test with no relationship test and no head count. Moscow already holds the operative sentence. Item 56.a(4) defines living together as a single housekeeping unit by shared rent, utilities, groceries, chores, maintenance, and shared sanitary, living, and cooking facilities. Adopting any of these four texts means keeping that sentence and deleting the number in item 56.c.

Middleton, City Code §1-3-1, FAMILY

Middleton is the closest replacement. It keeps the exclusions Moscow already has and deletes the number.

FAMILY: One or more individuals living together related by blood or marriage or a group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in one single-family dwelling unit as a single housekeeping unit. For purposes of this title, "family" does not include any society, club, fraternity, sorority, association, lodge, federation, or like organizations; or any group of individuals who are in group living arrangements as a result of criminal offenses.

Current through Ordinance 724, August 19, 2026. Read the code

Sandpoint, City Code §9-1-3, FAMILY

Sandpoint is the shortest text in the set. It ties the definition to one kitchen, which matches Moscow's own dwelling unit test.

FAMILY: A single individual or two (2) or more persons living together as one (1) housekeeping unit using one (1) kitchen.

Code version of August 18, 2026, current. Read the code

Mountain Home, City Code §9-3-2, FAMILY

Mountain Home separates a household from commercial lodging by use, with no head count.

FAMILY: A person living alone or two (2) or more persons living together as a single housekeeping unit in a dwelling unit as distinguished from a group occupying a boarding house, motel or hotel.

Current through Ordinance 1814, January 28, 2026. Read the code

Boise, City Code §11-06-03, FAMILY and HOUSEHOLD

Boise writes the federal Fair Housing Act protection into the definition itself, which answers the group home and disability questions without a separate carve out.

FAMILY: A group of individuals functioning as a single and independent housekeeping unit or persons occupying a home as defined in this Code, including but not limited to any group of persons whose right to live together or without undue restrictions are protected by the provisions of the federal Fair Housing Act Amendments of 1988, as defined in that Act and interpreted by the courts, or by any similar legislation of the State of Idaho. Also referred to as Household.

Current through Ordinance 20-26, June 9, 2026. Read the code

Recommendations to the Fair and Affordable Housing Commission

Replace the number with the test Moscow already wrote

Delete the four person number in §1-6 item 56.c. Keep item 56.a(4), the single housekeeping unit test in Moscow's own words. Middleton §1-3-1 is the closest replacement text, and Sandpoint §9-1-3 is the shortest.

Six unrelated occupants by right in R-3 and R-4

A first step that matches the state's four tenant accessory unit floor and the commission's own comment that larger units belong in R-3 and R-4.

Publish five years of complaint data

Occupancy complaints and outcomes by neighborhood. The only mechanism in the code is a complaint, and no city in the set replaces it with a license.

Align the house with the unit behind it

Amend the principal dwelling in the same ordinance cycle as the accessory unit adoption, so the main house is never capped below the unit on its own lot.

The Fair & Affordable Housing Commission holds the power under Moscow City Code 3-6-2(C) to "suggest to Council various ways in which the City may further fair housing practices and affordable housing practices." On October 1, 2026, the commission voted unanimously to direct staff to research how other cities handle occupancy limits and to report back.

The next meeting is Thursday, November 5, 2026, at 5:15 PM in the Haddock Building, 504 S Washington Street.

City and county meeting calendar · Email the mayor and council

Sources

Let builders build. Why permission is the expensive part of a Moscow home, with the records behind each barrier.

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