Do occupancy limits apply under Fair Housing Law?

Yes, occupancy limits do apply under Fair Housing Law in North Carolina. The Fair Housing Act is a federal law that protects people from discrimination when they are renting, buying, or securing financing for a home. The law makes it illegal for a landlord to discriminate against certain protected classes when making housing decisions. Under the Fair Housing Law in North Carolina, occupancy limits are defined as any restriction that limits the number of persons who may occupy a dwelling unit. This means that landlords cannot create or enforce rules that set limits on the number of people allowed to inhabit a given rental unit based on family size or any other protected status. For example, a landlord cannot state that a two-bedroom apartment can only be occupied by two people, or that the apartment must be occupied by two adults and no children. Although occupancy limits are generally prohibited, there are some exceptions. For instance, certain local, state, and federal laws may set occupancy limits that a landlord must follow. In addition, occupancy limits are allowed in certain circumstances if they are necessary to protect the health or safety of residents. In short, occupancy limits are generally prohibited under the Fair Housing Law in North Carolina, but certain exceptions may apply. Landlords must adhere to all applicable laws when setting occupancy limits in order to ensure that they are not violating any anti-discrimination laws.

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