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MMLU / A city housing code limits the occupancy of all dwelling units in the city to…

Problem

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question

A city housing code limits the occupancy of all dwelling units in the city to members of a single family. The chief purpose of the code is to limit traffic congestion and noise in the neighborhood. One provision in the code provides that a "family" means a number of individuals related to the nominal head of the household or to the latter's spouse living as a single housekeeping unit in a single dwelling unit, but is limited to the following:(a) husband or wife of the nominal head of the household;(b) married or unmarried children of the nominal head of the household or the latter's spouse, provided, however, that such married or unmarried children have no children of their own residing with them;(c) father or mother of the nominal head of the household or of the latter's spouse. A resident of the city lives in her home together with her son and his two children. She received a notice of violation from the city which stated that both grandchildren were illegal occupants of her home and that she must comply with the code. After she fails to remove her two grandchildren, the city brings criminal charges against the resident. In an action by the resident challenging the constitutionality of the code provision, the court will most likely declare the provision

choices

  1. constitutional, on the grounds that the housing provision bears a rational relationship to permissible state objectives.
  2. constitutional, under the state police power.
  3. unconstitutional, as violative of the due process clause of the Fourteenth Amendment.
  4. unconstitutional, as having no substantial relation to the public health, safety, morals, and general welfare of the state.

subject

professional_law

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Source and history

Official source

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