Fair Housing

What is the 'occupancy standards' issue in fair housing as it relates to Nevada landlords?

ANevada landlords must allow a minimum of 10 persons per dwelling
BFederal guidance (Keating Memo) allows landlords to set reasonable occupancy standards (generally 2 persons per bedroom as a starting point) but they must be flexible — overly restrictive standards that effectively exclude families with children may violate fair housing's familial status protection✓ Correct
CAll Nevada landlords must use the same occupancy standards set by NRED
DOccupancy standards in Nevada are governed only by building codes, not fair housing

Explanation

HUD's Keating Memo provides guidance that 2 persons per bedroom is a reasonable starting point, but landlords must consider unit size, configuration, and other factors. Rigid application of 2+1 standards for a 3-bedroom home to limit it to 7 occupants (2+2+2+1) might be reasonable. But a strict rule of 2 per unit regardless of bedroom count could discriminate against families with children. Nevada landlords should consult fair housing guidance when setting occupancy policies.

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