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Practice Of Real EstateFair HousingMEDIUM

Sunrise Senior Living, a private nonprofit organization, operates a 55-and-older housing community in Framingham, Massachusetts. The community refuses to rent to a 45-year-old applicant based solely on age. The applicant files a complaint under MGL Chapter 151B. Which of the following best describes the likely outcome?

Correct Answer

D) The community is likely protected under the Housing for Older Persons Act exemption if it meets the qualifying criteria

Both federal law (the Housing for Older Persons Act, HOPA) and Massachusetts Chapter 151B recognize an exemption for qualifying senior housing communities. To qualify, a community must either be specifically designed for and occupied solely by persons 62 or older, or have at least 80% of its occupied units with at least one person 55 or older and publish and follow policies demonstrating intent to be 55+ housing. If Sunrise Senior Living meets these criteria, it may lawfully restrict occupancy to older persons.

Answer Options
A
The community is exempt because it is operated by a nonprofit organization
B
The community violated Chapter 151B because the applicant is over 40, a protected age group
C
The community violated Chapter 151B because age is a protected class with no exemptions
D
The community is likely protected under the Housing for Older Persons Act exemption if it meets the qualifying criteria

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Related Topics & Key Terms

Key Terms:

fair_housingexemptionssenior_housingHOPAchapter_151Bage_discrimination

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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