Fair Housing

A Minnesota property owner has a 4-bedroom house for rent and tells prospective tenants 'maximum 4 occupants.' A family of 5 (two parents and three children) applies. Under HUD occupancy guidelines:

AThe 4-person limit is fully enforceable since it applies to everyone equally
BThe family of 5 may be protected from this restriction under familial status provisions✓ Correct
CLandlords can always enforce occupancy limits based on bedroom count
DOnly children under 5 count toward occupancy limits under federal law

Explanation

HUD guidelines generally use a 2-persons-per-bedroom standard as a starting point for reasonable occupancy limits. A 4-person limit for a 4-bedroom home may be unnecessarily restrictive and could violate familial status protections if it has the effect of excluding families with children.

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