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

The answer to this question is, it depends. Under Virginia’s Fair Housing Law, landlords may not reject tenants based on the number of occupants in their household if it is not related to the occupancy policy for the unit. For example, if the unit can only accommodate four occupants, then the landlord may reject an applicant with five or more occupants. In this situation, the landlord is operating within their legal rights. However, if the landlords reject tenants for having too many occupants in a unit where there are no occupancy policies, then this could be considered unlawful discrimination based on familial status. This type of discrimination is a violation of Fair Housing Law in Virginia and is punishable under the law. Additionally, it is important to note that even if a landlord has an occupancy policy, they may not apply it in a discriminatory manner. This means that the occupancy policy must be applied evenly and without preferential treatment to any group of people. The landlord must apply the same criteria to all applicants regardless of their familial status. In summary, landlords in Virginia may reject tenants based on the number of occupants in their household if it is related to the occupancy policy for the unit. However, if they reject tenants based on the number of occupants without an occupancy policy or if they are selective in who they apply the occupancy policy to, then this could be considered a violation of Fair Housing Law.

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

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