Question 25

An owner of an 8-unit apartment building who lives in one of the ground floor units and refuses to rent upstairs units to families with children because of the noise is violating federal fair housing laws.

This situation illustrates a clear violation of federal fair housing laws, as it discriminates against families with children based on assumptions about noise. Such restrictions are not permitted under the Fair Housing Act, which aims to prevent discrimination in housing based on familial status.

A) A church that rents out the parsonage only to members of the church

This option is not a violation of federal fair housing laws because religious organizations are allowed to restrict housing to members of their congregation under certain circumstances. The exemption applies as the church is not engaged in general rental practices but is renting to its members.

B) A home builder who is developing a new retirement community that restricts occupancy to persons aged 62 and older

This option is permitted under the Fair Housing Act's Housing for Older Persons Act (HOPA), which allows for housing developments that are specifically designed for older adults. Thus, this does not constitute a violation of fair housing laws.

C) An owner of a duplex who lives in one of the two units and refuses to rent the other unit to anyone with kids under the age of 12

This option violates federal fair housing laws, as it discriminates against families with children based on age. However, the owner may qualify for an exemption if they meet the criteria for a small owner-occupied building, but it is still a gray area compared to the clear violation in option D.

D) An owner of an 8-unit apartment building who lives in one of the ground floor units and refuses to rent upstairs units to families with children because of the noise

This option represents a direct violation of federal fair housing laws as it discriminates against families with children based on unfounded assumptions about noise. The Fair Housing Act protects families with children from discrimination in housing, making this refusal illegal.

Conclusion

The correct answer is option D, as it clearly demonstrates a violation of federal fair housing laws through discrimination against families with children. Options A and B are lawful practices under existing exemptions, while option C also presents a questionable scenario but does not match the clear violation seen in option D. Thus, D stands out as the definitive example of unlawful discrimination.