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Practice Of Real EstateFair_housingHARD

A developer in Jefferson County, Kentucky is building a 100-unit apartment complex and wants to market it exclusively as a 55-and-older community to be exempt from familial status requirements. Which of the following conditions is NOT required for the community to qualify for the Housing for Older Persons Act (HOPA) exemption under federal law as applied in Kentucky?

Correct Answer

C) All residents in 100% of the units must be 55 years of age or older.

HOPA does NOT require that 100% of residents be 55 or older. The correct threshold is that at least 80% of occupied units must have at least one resident aged 55 or older. Requiring all residents to be 55-plus is a common misconception. The 80% rule allows for some flexibility in occupancy while still qualifying for the familial status exemption.

Answer Options
A
At least 80% of the occupied units must have at least one resident who is 55 years of age or older.
B
The community must publish and adhere to policies and procedures demonstrating intent to be housing for persons 55 or older.
C
All residents in 100% of the units must be 55 years of age or older.
D
The community must register with the U.S. Department of Housing and Urban Development (HUD).

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Related Topics & Key Terms

Key Terms:

fair_housinghopa55_plusfamilial_statusexemption_requirements

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