Can private clubs restrict housing to members?

• A. No
• B. Yes, if membership is not based on protected classes and the policy is nondiscriminatory in other respects
• C. Yes, always
• D. Only if the club controls the property access

Answer: (B)

Under the Fair Housing Act, private clubs can restrict housing to members under a specific exemption, but only if the membership rules aren’t based on protected characteristics and the policy is nondiscriminatory in other respects. This means a private club may limit occupancy to its members as long as membership isn’t determined by race, color, national origin, religion, sex, familial status, or disability, and the overall housing policy remains fair in other ways. So, restricting housing to members is allowed when those conditions are met, rather than being prohibited or required in all cases. If the club’s membership criteria or its housing practices discriminate against protected classes, that would not be permissible. The idea that it’s always allowed or only allowed when the club controls access isn’t accurate; the crucial factors are nondiscriminatory membership and the exemption matching the club’s private, member-based nature.