A property management company in Conway, Arkansas posts an advertisement stating that its apartment complex is a 55-and-older community and will not accept applicants under the age of 55. A 40-year-old applicant with a disability files a complaint. Under the Arkansas Fair Housing Act, which analysis is most accurate?
Correct Answer
A) The complex is exempt from familial status requirements if it qualifies as housing for older persons under applicable federal rules, but must still comply with disability protections
Under both the federal Fair Housing Act and the Arkansas Fair Housing Act (Ark. Code Ann. § 16-123-201 et seq.), housing for older persons (55+ communities meeting HUD requirements) may be exempt from the familial status protected class, allowing them to restrict occupancy by age. However, this exemption does not extend to disability, which remains a protected class. The 40-year-old applicant's disability claim would still be evaluated under fair housing law regardless of the age-restriction exemption.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.
The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.
Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.
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