A developer in Colorado builds a 100-unit age-restricted community and advertises it as '55 and older housing.' After two years, only 70% of the occupied units have at least one resident who is 55 or older. A family with a 30-year-old parent applies and is refused. Which of the following is most accurate regarding the community's HOPA exemption status?
Correct Answer
B) The community has lost its HOPA exemption because it no longer meets the 80% threshold, making the refusal potentially illegal
Under the federal Housing for Older Persons Act (HOPA), a community must maintain at least 80% of its occupied units with at least one resident who is 55 or older to retain the age-restriction exemption from familial status discrimination. If the community falls below this 80% threshold (here, only 70% qualify), it loses the HOPA exemption and may no longer lawfully refuse to rent or sell based on age. The refusal of the 30-year-old's family could therefore constitute illegal familial status discrimination under both HOPA and CADA.
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Key Terms:
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