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Practice Of Real EstateFair HousingMEDIUM

A senior housing community in Anne Arundel County restricts residency to persons age 55 and older. A 42-year-old applicant is denied housing and files a complaint with the Maryland Commission on Civil Rights, alleging age discrimination. Which of the following best describes the community's legal standing?

Correct Answer

D) The community may qualify for the Housing for Older Persons Act (HOPA) exemption if it meets specific federal age-qualification requirements.

The Housing for Older Persons Act (HOPA) provides a federal exemption from familial status discrimination for qualifying senior housing communities. To qualify as a 55-and-older community, the development must: (1) have at least 80% of occupied units with at least one resident age 55 or older, (2) publish and adhere to policies demonstrating intent to be 55-and-older housing, and (3) comply with HUD's age verification requirements. Maryland fair housing law incorporates this federal exemption. When these conditions are met, the community may lawfully restrict residency by age.

Answer Options
A
The community must file for an exemption with MREC before enforcing its age restriction policy.
B
The community is automatically exempt because any senior housing development is excluded from fair housing laws.
C
The community is in violation because age is a protected class under the Maryland Fair Housing Act with no exceptions.
D
The community may qualify for the Housing for Older Persons Act (HOPA) exemption if it meets specific federal age-qualification requirements.

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Related Topics & Key Terms

Key Terms:

fair_housingexemptionssenior_housingHOPAfamilial_statusmaryland_specific

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