Fair Housing

A NH landlord refuses to rent to a family with three children, citing a policy of 'no more than two occupants per bedroom' for a two-bedroom unit. Under fair housing law, this policy:

AIs always legally permissible as a valid health and safety standard
BMay violate the familial status provisions of the Fair Housing Act if applied to exclude families with children✓ Correct
CIs only prohibited in federally subsidized housing
DIs permissible as long as the same policy applies to everyone

Explanation

HUD's guidelines (the Keating Memo) generally recognize two persons per bedroom as a reasonable standard, but rigid enforcement excluding families can still violate the familial status protections of the Fair Housing Act. Courts look at whether the policy is pretextual discrimination against families with children.

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