I represent a landlord and recently received an application from five friends seeking to rent a single-family residence in Fairfax. Is it a Fair Housing violation to reject the application, even though the property has five bedrooms?

 

Rejecting an application to rent a single residence to five unrelated people is likely not discrimination on the basis of familial status under Fair Housing laws. Furthermore, most local municipalities, including Fairfax County, have enacted zoning ordinances that include restrictions on the number of unrelated persons who can live in a single residence. Article 2 Part 5 of the Fairfax County Zoning Ordinance states that no more than four unrelated persons can live in a single residence, unless the property is approved as a group residential facility. The landlord’s obligation to comply with the zoning ordinance is an objective basis for denying the application without violating Fair Housing laws.


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