California Real Estate SalespersonPractice of Real Estate and DisclosuresMedium
A property manager refuses to rent a two-bedroom apartment to a family with three children, citing an occupancy limit of two persons per unit regardless of bedroom count. Under California fair housing law, this policy is most likely:
- ALegal because landlords may set any occupancy limit they choose
- BLegal because HUD occupancy guidelines require exactly two persons per bedroom
- CIllegal only if the family can prove intent to discriminate
- DIllegal familial status discrimination because it is more restrictive than reasonable occupancy standards
Show answer & explanationAnswer & explanation
Correct answer: D. Illegal familial status discrimination because it is more restrictive than reasonable occupancy standards
California and federal fair housing law prohibit occupancy standards that unreasonably restrict families with children beyond generally accepted guidelines (commonly two persons per bedroom). A flat two-person-per-unit rule regardless of bedrooms discriminates based on familial status.
Why the other options are wrong
- A. Landlords cannot set arbitrary limits that disproportionately exclude families with children.
- B. HUD's guideline is 2 persons per bedroom, not per unit, so this policy violates it.
- C. Disparate impact discrimination does not require proof of intent.
Familial Status Discrimination
Fair housing laws prohibit refusing to rent or imposing unreasonable occupancy limits based on the presence of children in a household.
- Protected class under FEHA and federal Fair Housing Act
- HUD guideline: 2 persons per bedroom is generally reasonable
- Overly restrictive occupancy policies can be discriminatory even without intent
Memory trick: Kids can't be locked out by tight headcounts