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No, this is considered Discrimination based on Familial Status, which is protected under the Fair Housing Act. If you've experienced this type of discrimination, contact your local Fair Housing Center or HUD (Housing & Urban Development).

However, if the landlord declined your tenancy because the house is only certified for having up to 5 people residing in it, then your claim may be moot. The Landlord is under no obligation to subject himself to legal liability for violating housing codes.

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Q: Can a landlord turn a family away for having 7 kids?
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