October 2022 Coach's Quiz

COACH’S ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: a

Reason: The principles discussed in Rule #3 apply to this situation:

Rule #3: Consider the Other Keating Memo Factors

While the Keating Memo suggests that two-per-bedroom is generally reasonable, it also lists other factors that must be considered. One of these is how old the children are when bedrooms are shared. Specifically, age has a bearing on whether adult parents or guardians can or must share a single bedroom with their child—for example, where a couple living in a one-bedroom has or adopts a new child. The older the child, the less reasonable sharing becomes. Thus, while sharing a bedroom with an infant or newborn is okay, it’s probably not reasonable if the child is a teenager. So, a. is the right answer.

Wrong answers explained:

b. is wrong because HUD has made it clear that age isn’t a permissible factor in deciding whether kids of the opposite sex can share a bedroom. The reason for that is that such determinations are more likely to be based on a landlord’s morals rather than legitimate factors bearing on whether sharing is safe, sanitary, and habitable.

c. is wrong because, as we noted, age does legitimately come into play in determining whether parents can share a bedroom with their children.  

QUESTION #2

Correct answer: e

Reason: The principles discussed in Rules #1, #2, and #3 come into play in this situation:

Rule #1: Two-Per-Bedroom Isn’t Automatic

Rule #2: Factor in State & Local Occupancy Requirements

Rule #3: Consider the Other Keating Memo Factors

One good approach to establishing occupancy standards is to start with two-persons-per-bedroom and then consider whether there are any other factors dictating for a more or less restrictive rule. All of the listed answer choices are factors you should consider in making this assessment. That’s why e., all of the above, is the right answer.

Right answers explained:

The reason a. is right is that making discriminatory remarks is one of the red flags HUD looks for in determining whether an occupancy standard is reasonable or just a pretext to exclude families with children. Other examples of red flags: a history of excluding families, discriminatory pool or common areas rules, discriminatory advertising, and/or charging families with children higher security deposits.   

b. is right because occupancy standards that are more restrictive than state or local requirements—for example, two-per-bedroom in a town where three-per-bedroom is the limit—are highly suspicious and require compelling justification.  

c. is right because the size of the bedrooms is one of the factors the Keating Memo lists as affecting whether two-per-bedroom would be reasonable for a particular unit. In this case, unusually large bedrooms would suggest that it would be safe, sanitary, and habitable for more than two people to share a bedroom.

d. is right because the configuration of the unit is another Keating Memo factor. An unusually large amount of living room and dining room space would cast doubt on the reasonableness of a two-per-bedroom rule and force the landlord to explain why it couldn’t just convert at least some of the extra living space into a bedroom.