Fair HousingIntermediateDelaware Exam

What is an 'occupancy limitation' under the Fair Housing Act and when is it legal in Delaware?

AAny limit on occupancy is illegal under fair housing law
BReasonable occupancy standards (e.g., two persons per bedroom) are permissible when consistently applied and not used as a pretext to discriminate against families with childrenCorrect
COccupancy limits are only ever legal in properties containing fewer than 4 total units, and nowhere else, though specific requirements can vary depending on the transaction details
DOnly the state government may set occupancy standards

Why Reasonable occupancy standards (e.g., two persons per bedroom) are permissible when consistently applied and not used as a pretext to discriminate against families with children Is Correct

Answer B: Reasonable occupancy standards (e.g., two persons per bedroom) are permissible when consistently applied and not used as a pretext to discriminate against families with children

The Fair Housing Act allows reasonable occupancy standards (typically 2 persons per bedroom as a guideline). The standard must be applied consistently, not used as a pretext to exclude families with children, and factors like unit size and configuration must be considered.

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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