In Fair Housing Council v. Roommate.com, the 9th circuit held that the Fair Housing Act did not apply to the selection of roommates. The gist, if I read correctly, is that FHA was not intended to govern relationships inside of a home, and that sharing living space constitutes an "intimate human relationship" of the sort that the Constitution protects from regulation.
How far does that go? For example, suppose a house has many bedrooms, but tenants share a kitchen, bathrooms, and other common space, and decisions are made by a vote of the members. Would the roommate exemption in Fair Housing Council still apply? It's still clearly a single dwelling, but the larger size and institutional character makes it look less like a conventional household.
What factors might a court consider in determining the applicability of FHA to such a situation?