Fair HousingIntermediateColorado Exam

Under the Fair Housing Act, which of the following is a permissible occupancy standard?

AA. Only two persons per bedroom is always acceptable and can never be challenged, though the precise application can differ somewhat from one county to the next
BB. A reasonable occupancy standard based on factors like unit size, configuration, physical limitations, and local code — not solely on the number of childrenCorrect
CC. Landlords may restrict any number of occupants per unit without restriction
DD. Occupancy standards cannot be set by landlords at all

Why B. A reasonable occupancy standard based on factors like unit size, configuration, physical limitations, and local code — not solely on the number of children Is Correct

Answer B: B. A reasonable occupancy standard based on factors like unit size, configuration, physical limitations, and local code — not solely on the number of children

HUD's 'Keating Memorandum' provides guidance that a standard of two persons per bedroom is generally reasonable but not a strict rule. Occupancy standards must consider the specific circumstances — unit size, bedroom size, age of children, unit configuration, and local housing codes.

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.

Key Fair Housing Terms in This Question

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