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.
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.
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▲▼ |
|---|---|---|---|---|---|---|---|---|
| 1 | Ammon | None; no family definition exists | None | None | None | None | None stated; 75% or 1,000 sq ft, whichever more restrictive | High |
| 2 | Burley | None; no family definition exists | None | None | Boarding and rooming house set at 3 sleeping rooms | None | None stated; defined only, standards not set | High |
| 3 | Chubbuck | None; regulates by dwelling type | None | None | None | Short term rental business license | Not found | High |
| 4 | Nampa | None | None | None | None | None adopted | None stated; 500 sq ft, 1 bedroom | High |
| 5 | Post Falls | None | None | None | None | None | None stated; 50% or 1,000 sq ft, whichever less, owner occupancy | High |
| 6 | Boise | None | None found | None for the household test; boarding house 6 to 12 guests | Single and independent housekeeping unit; housing code sets floor area per occupant (9-6-2) | None; short term rental chapter repealed May 2026 | None stated; 900 sq ft or 70%, whichever smaller, 2 bedrooms | High |
| 7 | Caldwell | None numeric | Not found | Not found | Single housekeeping unit | None found | None stated; 900 sq ft or 75%, whichever less, 2 bedrooms | High |
| 8 | Hailey | None; no family definition exists | Not applicable | Boarding house to 6 rooms by permit in GR and TN zones, by right in LB and B | 200 gross sq ft minimum per dwelling unit | Business license only | None stated; 66% of the principal building, 2 bedrooms | High |
| 9 | Idaho Falls | None | Not found | Not found | Single household unit | None | None stated; 750 sq ft, owner occupancy deed restriction | High |
| 10 | Kuna | None; single housekeeping unit | Uniform | Not found | Not found; density only, units per net acre | None found | Not found; special use by zone | High |
| 11 | Lewiston | None | Not applicable | Not found | Not found | None found | None stated; 1,000 sq ft or 75%, whichever greater | High |
| 12 | Middleton | None | Not applicable | Not applicable | Wastewater 250 gallons per day per equivalent dwelling unit | None | None; no accessory unit chapter | High |
| 13 | Mountain Home | None | Uniform | Group care facility and group home are separate uses | Not found | None found | Not found | High |
| 14 | Sandpoint | None | Not applicable | Not applicable | Boarding or lodging house set at 4 to 12 persons | Not found | None stated; 900 sq ft, 1 bedroom, parking required | High |
| 15 | Eagle | 10 | Uniform | Boarding or lodging house permit in several districts | Not found | None found | None stated; 17,000 sq ft minimum lot, 500 to 1,200 sq ft by lot size | High |
| 16 | Garden City | 10 | Uniform | None in zoning; building code change of occupancy above 10 | None | None | None stated; 800 sq ft or 50%, whichever greater, to 1,200 sq ft; no parking required | High |
| 17 | Meridian | 10 | Uniform | Not found | None beyond the cap | None | House plus accessory unit capped at the family number | High |
| 18 | Blackfoot | 5 | Uniform | None | None | None | None stated; 1,000 sq ft, owner occupancy, 1 extra parking space | High |
| 19 | Hayden | 5 | Uniform | Boarding or rooming house permit in most districts | Not found | None found | None stated; flat 1,000 sq ft | High |
| 20 | Rathdrum | 5 | Uniform | None tied to the cap | None | None | None stated; 1 bedroom, 75% of the primary dwelling | High |
| 21 | Coeur d'Alene | 4 unrelated, 5 combined | Uniform | None general; 8 person carve outs in the definition | None beyond the caps | None adopted; short term rental permit only | House plus accessory unit capped at the family number | High |
| 22 | Pocatello | 4 | Uniform | Boarding house license, 2 households per unit | 200 sq ft per person, boarding houses only | Boarding house license, Title 5 Ch. 5.68 | None stated; 750 sq ft, 1 bedroom, owner occupancy | High |
| 23 | Rexburg | 4 when one occupant is unrelated to all others | Uniform | Accessory unit permit is not a higher cap | Not found for primary dwellings | Yes; annual business registration for rental property | None stated; 2 bedrooms, ongoing owner occupancy | High |
| 24 | Twin Falls | 4 | Uniform | None; group home to 8 under Idaho Code 67-6531 | None beyond the cap | None | None stated; 75% or 1,000 sq ft, whichever greater | High |
| 25 | Moscow | 4; 6 in R-4 | Yes; 4 in AF, FR, SR, R-1, R-2, R-3; 6 in R-4 | 5 or 6 unrelated needs a conditional use permit in AF, FR, SR, R-1 to R-3 | Parking only; 2 spaces per unit plus 1 per bedroom above 4 | None | 2 persons; 600 sq ft or 40%, whichever less, owner occupancy, 1 space | High |
| 26 | Star | Roommates are not a family; boarding house covers 3 to 11 | Boarding house by permit in A, RR, R, MU, and RC; prohibited elsewhere | Boarding house needs a conditional use permit in every zone where allowed | None | Short term rental license only | 2 occupants; 50% of the primary footprint, owner occupancy | High |
| 27 | Jerome | 0; all occupants must be related | None | Group dwelling needs a special use permit in every district | None | None | None; no accessory unit chapter | High |
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
- Moscow City Code Title 4 Chapter 1, General Provisions, §1-6 item 56 "Family": Chapter 01 PDF. Current through July 6, 2026, Ordinance 2026-04.
- Moscow City Code Title 4 Chapter 3, Permitted Land Uses, land use table: Chapter 03 PDF.
- Moscow City Code Title 4 Chapter 6, Supplementary Regulations, parking: Chapter 06 PDF.
- City of Moscow city code index: ci.moscow.id.us/393/City-Code.
- Fair & Affordable Housing Commission regular meeting, October 1, 2026, agenda and packet: City meeting portal, event 3786. Staff statements quoted on this page come from that meeting.
- Idaho Code §67-6541, accessory dwelling units: Idaho Legislature. Enacted by 2026 Senate Bill 1354, effective July 1, 2026.
- Boise City Code §11-06-03: code page.
- Meridian City Code §11-1A-2: code page.
- Nampa City Code Title 10 Chapter 1: code page.
- Idaho Falls City Code Title 11, appendices and definitions: city PDF.
- Caldwell City Code §10-01-10: definitions; accessory unit standard §10-12-03-1(4): code page.
- Pocatello City Code §17.01.150, §17.06.500, and Title 5 Chapter 5.68: code page.
- Coeur d'Alene City Code §17.02.055: code page.
- Twin Falls City Code Title 10, the city's own designated current document: city PDF.
- Post Falls City Code §18.12.010: code page.
- Lewiston City Code §37-3: definitions; accessory unit standard §37-131.2: code page.
- Rexburg Development Code Chapter 2 definitions, amended October 1, 2025: code page; rental registration §4.00.025: code page.
- Eagle City Code §8-1-2: code page.
- Kuna City Code §5-2-3: code page.
- Ammon City Code Title 10: records browser; Chapter 2 definitions, revised November 20, 2025: document view; accessory unit standard §10-7(C): document view.
- Mountain Home City Code §9-3-2: code page.
- Chubbuck City Code Title 18: code page.
- Hayden City Code §11-1-2: code page.
- Star City Code Title 8 Chapter 1 Article E: code page.
- Garden City Code §8-7A-2: code page.
- Jerome City Code §17.03.220: code page.
- Middleton City Code §1-3-1: code page.
- Blackfoot City Code §11-1-3: code page.
- Burley City Code §5-2-1: code page.
- Rathdrum City Code Title 15 Chapter 3 §15-3-2: code application.
- Sandpoint City Code Title 9 Chapter 1 §9-1-3: code page.
- Hailey Municipal Code Title 17 Chapter 17.02 and Chapter 17.08D: code page.
- C. J. Gabbe and Gregory Pierce, "Hidden Costs and Deadweight Losses: Bundled Parking and Residential Rents," Housing Policy Debate (2017): doi.org/10.1080/10511482.2016.1205647. About 17 percent of rent, near $1,700 a year.
- Donald Shoup, The High Cost of Free Parking (American Planning Association, revised edition 2011): the cost of required parking and who pays it.
- Method: the 27 largest Idaho cities by population, each read from current adopted code, 2026-10-01 to 02; every city re-verified by full-text search of its complete code on 2026-10-02; confidence shown per row; cells not found are marked, never guessed.
Let builders build. Why permission is the expensive part of a Moscow home, with the records behind each barrier.
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