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Practice Of Real EstateFair_housingMEDIUM

A senior housing community in West Hartford advertises that it is restricted to residents age 55 and older. The community has 120 units, and management can demonstrate that at least 80% of occupied units have at least one resident who is 55 or older. The community also publishes and follows policies demonstrating intent to house persons 55 or older. A 45-year-old applicant is denied housing. Under Connecticut and federal fair housing law, which statement is most accurate?

Correct Answer

B) The denial is lawful because the community qualifies as housing for older persons under the 55-or-older exemption, meeting all required conditions.

Both federal law (the Housing for Older Persons Act, HOPA) and Connecticut's Fair Housing Act recognize an exemption for housing communities that qualify as 'housing for older persons.' To qualify under the 55-or-older exemption, the community must: (1) have at least 80% of occupied units with at least one resident age 55 or older, (2) publish and follow policies demonstrating intent to house persons 55 and older, and (3) comply with HUD's age verification procedures. This community meets all three conditions, so denying a 45-year-old is lawful.

Answer Options
A
The denial violates Connecticut law because age is not a recognized basis for housing exemptions under the Connecticut Fair Housing Act.
B
The denial is lawful because the community qualifies as housing for older persons under the 55-or-older exemption, meeting all required conditions.
C
The denial is lawful only if the community is owned and operated by a state or municipal agency, not a private developer.
D
The denial violates Connecticut law because familial status protections require communities to accept applicants of all ages.

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Related Topics & Key Terms

Key Terms:

fair_housingexemptionssenior_housing55_or_olderhopafamilial_status

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