Are landlords allowed to reject tenants based on the number of occupants in their household under Fair Housing Law?

Yes, landlords in California are allowed to reject tenants based on the number of occupants in their household under Fair Housing Law. This is because the California Department of Fair Employment and Housing (DFEH) allows for occupancy limitations for rental units in accordance with local ordinances. This means landlords can restrict the number of residents based on the size of the rental unit and local occupancy limit regulations. For example, a one-bedroom rental unit would typically be limited to no more than two tenants. A landlord is allowed to reject applications that exceed the occupancy limitation set in the rental agreement. This includes tenants who want to share bedrooms with more than two occupants. However, landlords must exercise this right in a nondiscriminatory manner. This means they cannot reject applicants on the basis of race, religion, gender, and other protected classes outlined in the Fair Housing Act. Additionally, they cannot impose an occupancy limit that is not related to the actual size and condition of the rental unit. In summary, landlords in California are allowed to reject tenants based on the number of occupants in their household under Fair Housing Law. However, this must be done in a nondiscriminatory way. Landlords must comply with local ordinances and other restrictions on occupancy limits and must not reject applicants on the basis of race, religion, or other protected classes.

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