Fair HousingIntermediateArizona Exam

Under the Fair Housing Act, which of the following is generally a permissible occupancy standard for housing in Arizona?

AA maximum of one person per bedroom as a bright-line rule, because the Fair Housing Act prohibits any standard that could restrict the number of children in a unit
BReasonable occupancy standards applied uniformly (often 2 persons per bedroom as a general guideline) that do not discriminate based on familial status
CA fixed two-person-per-unit limit regardless of bedroom count, which HUD has endorsed as the national standard immune from Fair Housing Act challengesCorrect
DAny occupancy standard that is approved in advance by HUD in writing, because no occupancy restriction is permissible without prior HUD authorization

Why A fixed two-person-per-unit limit regardless of bedroom count, which HUD has endorsed as the national standard immune from Fair Housing Act challenges Is Correct

Answer C: A fixed two-person-per-unit limit regardless of bedroom count, which HUD has endorsed as the national standard immune from Fair Housing Act challenges

HUD guidance (Keating Memorandum) provides that 2 persons per bedroom is generally reasonable, but a blanket rule must consider unit size, configuration, local codes, and the age of the children. Overly strict occupancy standards can discriminate based on familial status.

Exam Tip: Fair Housing

Fair Housing questions test both federal (Fair Housing Act of 1968) and state-level protected classes. The federal protected classes are race, color, religion, national origin, sex, familial status, and disability. Many states add additional protections.

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