A senior housing community in Colorado restricts residency to persons age 55 and older. A 45-year-old applicant is denied housing and files a complaint with the Colorado Civil Rights Division alleging familial status discrimination. Which of the following is most accurate regarding this situation?
Correct Answer
B) The community's age restriction is legal if it qualifies as housing for older persons under the federal Housing for Older Persons Act (HOPA) and meets its requirements
Under the federal Housing for Older Persons Act (HOPA), a housing community may legally restrict residency to persons 55 and older if it meets three requirements: at least 80% of occupied units must have one resident who is 55 or older, the community must publish and follow policies demonstrating intent to be 55+ housing, and the community must register with HUD. Colorado recognizes and applies this federal exemption, allowing qualifying senior communities to restrict residency by age without violating familial status protections.
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