A developer in Flint is marketing a new senior housing community and wants to restrict occupancy to residents aged 55 and older. A 40-year-old applicant is denied and files a complaint, arguing that age discrimination is prohibited under the Michigan Elliott-Larsen Civil Rights Act. The developer claims a legal exemption applies. Which of the following best describes the legal situation?
Correct Answer
B) The developer may qualify for the Housing for Older Persons Act (HOPA) exemption, which can override state age discrimination protections for qualifying senior communities
The federal Housing for Older Persons Act (HOPA), an amendment to the Fair Housing Act, provides an exemption allowing communities to restrict occupancy to persons 55+ (or 62+) if they meet specific requirements: at least 80% of occupied units must have one resident 55 or older, the community must publish and follow policies demonstrating intent to be housing for older persons, and the community must comply with HUD rules. This federal exemption can apply even in Michigan, where age is a state-protected class under the Elliott-Larsen Act, because HOPA provides a specific carve-out for qualifying senior housing.
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Related Topics & Key Terms
Key Terms:
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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