Fair Housing

In Montana, a landlord who establishes a maximum occupancy standard of 2 people per bedroom must ensure the standard:

AIs enforced against all tenants equally regardless of family composition
BIs justified by physical limitations of the unit (health and safety), not used to exclude families with children, and is consistent with HUD's guidelines on occupancy standards✓ Correct
CExceeds HUD's minimum occupancy standard
DIs set by the Montana Department of Revenue

Explanation

While occupancy limits are generally permissible for legitimate safety reasons, rigid standards that effectively exclude families with children can violate familial status protections. HUD's guidance ('Keating Memo') recognizes 2 per bedroom as a reasonable starting point but requires case-by-case consideration.

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