Question 49

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 action discriminates against families with children, which is prohibited under the Fair Housing Act. The refusal to rent based on the presence of children is not a valid reason for denying housing.

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

This option may not violate federal fair housing laws since religious organizations are allowed to limit rentals to members of their own faith. However, if the church's practices are discriminatory against certain protected classes, it could be scrutinized under different legal standards, but as presented, it does not constitute a violation.

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

This option does not violate federal fair housing laws. The Housing for Older Persons Act allows for housing developments that are specifically designed for older adults to restrict occupancy based on age, which is a permissible exemption under the Fair Housing Act.

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 practice is a violation of federal fair housing laws, as it discriminates against families with children. Such discrimination is not allowed under the Fair Housing Act, which includes familial status as a protected category.

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 explicitly violates federal fair housing laws by refusing to rent to families with children, which constitutes discrimination based on familial status. The concern about noise does not provide a legal justification for such refusal.

Conclusion

The correct answer is option D, as it directly discriminates against families with children, violating the Fair Housing Act's provisions on familial status. Options A and B do not violate these laws under their specific circumstances, while option C also represents a violation but is not the best answer in the context of the question. Therefore, D stands out as the definitive violation of federal fair housing laws.