Fair HousingIntermediateColorado Exam

A Colorado landlord sets a 'maximum occupancy' of 2 people for a 3-bedroom apartment, effectively excluding families. This policy:

AIs a legitimate health and safety restriction
BMay violate the Fair Housing Act by discriminating against families with children based on familial statusCorrect
CIs required by the local building code
DIs acceptable as long as it applies to all applicants, though outcomes can differ depending on circumstances

Why May violate the Fair Housing Act by discriminating against families with children based on familial status Is Correct

Answer B: May violate the Fair Housing Act by discriminating against families with children based on familial status

Setting unreasonably low occupancy limits (like 2 people for a 3-bedroom) that effectively exclude families with children may constitute familial status discrimination under the Fair Housing Act. HUD's occupancy guidelines (2 persons per bedroom plus 1) provide a general standard for reasonable occupancy.

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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