Perspective said:
Why not? Why couldn't an occupancy count limitation be enforced? There's no constitutional issue (e.g. no protected class affected).
Actually, there absolutely
is a constitutional issue.
Once you start regulating occupancy (aside from fire code stuff), you are directly regulating family structure. I cannot recall the names of the cases specifically, as I have not had to read them since law school, but the regulation of occupancy, number of generations, married vs. unmarried adult cohabitants, etc. all are interrelated and those laws/ordinances get scrutinized in great detail; every case we read ended with these statutes getting axed.
I'll have to look into it more when I have time because its bugging me that I forgot the specific basis for the challenge.
Just so you know, protected classes are not the only categories of concern for constitutional challenges. Depending on the specific sub-type of challenge (equal protection, etc.) there are other, less-protected groups which cannot be ignored. Although these groups do not enjoy the same "strict scrutiny", they have their own criteria and many of these laws fail lesser, rational-basis type evaluations by the courts.