Under the Fair Housing Act, how are governmental occupancy standards treated?

Under the Fair Housing Act, governmental occupancy standards can be exempt from fair housing laws if they are established in a reasonable and non-discriminatory manner. This means that when local or state governments set occupancy standards—such as determining the maximum number of occupants allowed in a housing unit—they must ensure these standards are applied consistently and do not disproportionately impact any specific group based on race, color, national origin, religion, sex, familial status, or disability.

The rationale behind this exemption is that reasonable occupancy standards can be essential for health, safety, and quality of life within residential units. For instance, a government may impose standards intended to prevent overcrowding, which can lead to various issues such as insufficient sanitation and increased risk of accidents. However, these standards must not be overly restrictive or used as a means to discriminate against certain groups.

Overall, the Fair Housing Act recognizes that while governmental occupancy standards can be necessary, they should always align with fair housing principles to prevent discrimination and ensure equal access to housing.