A developer in Danbury is building a new 200-unit apartment complex and wants to designate it as a 62-and-older community to qualify for the housing for older persons exemption from familial status protections. The developer plans to require that 100% of residents be age 62 or older, publish written policies reflecting this intent, and verify ages at move-in. A couple aged 58 and 64 applies and is denied because one spouse is under 62. Which statement most accurately describes the legal outcome under Connecticut and federal law?
Correct Answer
B) The denial is lawful because the 62-and-older exemption requires all occupants to be at least 62, and the community meets all required conditions for this exemption.
The housing for older persons exemption has two qualifying tracks: (1) the 62-and-older exemption, which requires that all occupants be at least 62 years of age, and (2) the 55-and-older exemption, which requires 80% of occupied units to have at least one resident age 55 or older. Under the 62-and-older track, all residents must meet the age threshold. Because one spouse is 58, the couple does not qualify, and the denial is lawful. The developer has correctly implemented the 62-and-older exemption by meeting all required conditions.
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