November 2016 Coach's Quiz

We’ve given you six rules on how to avoid discrimination complaints based on familial status arising from your occupancy standards. Now let’s look at how the rules might apply in the real world. Take the Coach’s Quiz to see what you have learned.

INSTRUCTIONS: Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, followed by the answer you think is correct—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

A community may not be found liable for housing discrimination for applying occupancy standards limiting all units to two people per bedroom. True or false?

a.   True.

b.   False.

QUESTION #2

You may never consider whether the household includes children or their ages when applying your occupancy standards. True or false?

a.   True.

b.   False.

QUESTION #3

Among other things, you’re allowed to factor in any limitations of your building systems—such as the load on water, septic, sewer, and electrical systems—to set and enforce reasonable occupancy standards. True or false?

a.   True.

b.   False.

COACH’S ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: b

Reason: Rules #1, #2, & #3 apply here:

     Rule #1: Review Your Current Occupancy Standards

     Rule #2: Be Aware of Applicable State and Local Occupancy Codes

     Rule #3: Be Prepared to Show Your Occupancy Policies Are Reasonable

HUD’s two person/bedroom standard is only a general guideline to determine whether a community’s occupancy standards are reasonable under federal fair housing law. Communities may have to allow more than two people per bedroom based on applicable state or local occupancy standards. In addition, HUD says that the general rule may not be reasonable in a particular case based on the size or configuration of the unit, size of the bedrooms, or other factors.

QUESTION #2

Correct answer: b

Reason: Rules #4 & #6 apply here:

     Rule #4: Factor in Age of Child in Occupancy Calculation

     Rule #6: Limit the Number of People Allowed—Not the Number of Children

Unless otherwise provided under state or local law, communities should base occupancy standards on the number of occupants—not children. The Keating memo says that an occupancy policy limiting the number of children per unit is less likely to be reasonable than one that limits the number of people per unit. Nevertheless, the memo says that communities may consider the age of the children to determine whether to make an exception to the two-person/bedroom standards.

QUESTION #3

Correct answer: a

Reason: Rule #5 applies here:

     Rule #5: Factor in Physical Limitations of Building Systems

When reviewing your occupancy policies, the physical limitations of the building and its systems may provide a substantial, legitimate, nondiscriminatory reason for limiting the number of people allowed to live there. According to the Keating memo, the age or capacity of the building and other physical limitations, along with the size of the bedrooms and overall size and configuration of the unit—are relevant for determining whether a community’s occupancy standards are reasonable.