Can I safely deny a family with kids?

[Johann Jells]

I have a family of 4 wanting to look at a 650 ft 3rd floor unit with two 7"x10" bedrooms. I think it's too small for 4 and I don't want to burden the 2nd floor tenant with the noise. Do I have a risk just telling them I don't rent that unit to more than 3 people, or should I fib in some way like telling them it's taken? They're Latino,  that really has nothing to do with it, but I just don't want to expose myself to a potential hassle. 

[Brie Schmidt]

Originally posted by @Johann Jells:

I have a family of 4 wanting to look at a 650 ft 3rd floor unit with two 7"x10" bedrooms. I think it's too small for 4 and I don't want to burden the 2nd floor tenant with the noise. Do I have a risk just telling them I don't rent that unit to more than 3 people, or should I fib in some way like telling them it's taken? They're Latino,  that really has nothing to do with it, but I just don't want to expose myself to a potential hassle. 

 Yes, it is a fair housing violation.  If there are local housing laws that limit a certain amount of people per bedroom or sq footage than that is different.  But in my area it is 2 people per bedroom and kids under 5 years old don't count