Fair Housing
Under the Fair Housing Act, a landlord sets a policy of 'no more than 2 persons per bedroom.' In a fair housing context, this policy may be:
AAlways permissible as a safety standard
BAcceptable as a starting point but may be discriminatory if applied rigidly without considering household composition, age of children, and size of the unit✓ Correct
CRequired by law for all landlords
DNever permissible under fair housing
Explanation
HUD guidance (Keating Memo) treats a 2-persons-per-bedroom policy as a reasonable starting point, but landlords must consider household specifics. Applying the rule rigidly to exclude families with infants or young children may constitute familial status discrimination.
Related New Mexico Fair Housing Questions
- A New Mexico landlord requires all prospective tenants to have a minimum income of 3x the monthly rent. This policy:
- Under the Fair Housing Act, which of the following is a permitted exception for familial status discrimination?
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