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Familial Status or Age

Discrimination Against Families

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Some landlords try to get around the laws prohibiting discrimination against families by setting unreasonably low occupancy limits, such as only two people for a two-bedroom unit. This too is illegal, as it has the effect of excluding families. Federal law (in this case, an opinion letter written by the Department of Housing and Urban Development) has established minimum occupancy standards that regulate how low an occupancy can go and still be legal. In general, landlords must allow at least two persons per bedroom. Landlords can be more restrictive only in rare instances, when they can show that legitimate business reasons justify a more restrictive standard. For example, a policy of only three persons in a two-bedroom unit might pass muster if the landlord can prove it is truly based on the limitations of the plumbing system or some other aspect of the building’s infrastructure.?

www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter5-2.html