Am I allowed to refuse a larger family than I think appropriate?

[Johann Jells]

I know family status is a protected class, but must I rent to an applicant that while they don't violate the state occupancy limits, seems too much by my judgement? 

I have a 450 ft 1BR that a family of 3 is inquiring about. That seems too small even though the state allows occupancy of non-bedroom space. Of course I wouldn't be kicking out a couple that had a baby while in residence, but I'd expect them to move soon, and they usually do, even from my small 2BRs. 

I've actually had inquiries of 4 adults for these units! I'd rather lose a month than rent to people so close to the edge. I stated in the ad I required 3x gross rent in income, and had an inquiry that wasn't even 1.8x!  I Don't know what they're thinking never mind how they manage.

[Greg M.]

Originally posted by @Johann Jells:

I know family status is a protected class, but must I rent to an applicant that while they don't violate the state occupancy limits, seems too much by my judgement? 

Sure you can. There is an exception to laws called the "in my judgment" exception. It allows your personal opinion to overrule all laws. I use it all the time. I'm sorry officer, but in my judgment, the speed limit really should be 115 MPH. Works all the time!