Fair Housing
What is 'illegal occupancy limit' discrimination under the Fair Housing Act?
ASetting a maximum number of occupants per unit based on safety codes
BUsing unreasonably restrictive occupancy standards to discriminate against families with children — generally, the Keating Memo suggests 2 persons per bedroom is reasonable but must consider all factors✓ Correct
CRequiring all tenants to register with the local fire marshal
DSetting different occupancy limits for different buildings
Explanation
While landlords may set reasonable occupancy standards for legitimate health and safety reasons, using overly restrictive standards (such as refusing any family with 3+ persons for a 2-bedroom unit) to discourage families with children can violate the FHA. HUD's Keating Memorandum suggests 2 persons per bedroom is generally reasonable, but all factors must be considered.
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