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Practice Of Real EstateFair HousingMEDIUM

An Indiana broker receives a listing for a condominium complex that advertises itself as a 55-and-older community. A prospective buyer with two teenage children inquires about purchasing a unit. The broker tells the buyer the community does not accept families with minor children. Which statement best describes this situation?

Correct Answer

A) This is permissible if the community qualifies as housing for older persons under the Housing for Older Persons Act.

The Housing for Older Persons Act (HOPA) of 1995 created a specific exemption to familial status protections for qualifying senior housing communities. A 55-and-older community qualifies if: at least 80% of occupied units have at least one person 55 or older, the community publishes and follows policies demonstrating intent to be 55+ housing, and the community complies with HUD age verification procedures. If these conditions are met, restricting families with minor children is lawful.

Answer Options
A
This is permissible if the community qualifies as housing for older persons under the Housing for Older Persons Act.
B
This is a fair housing violation because familial status is a federally protected class with no exceptions.
C
This is permissible only if the community was built before 1968 and is therefore exempt from the Fair Housing Act.
D
This is a fair housing violation because disability is implicated when minors are excluded from housing.

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Related Topics & Key Terms

Key Terms:

familial_statushopa_exemption55_plus_communityfederal_protected_classes

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