Sunrise Retirement Village in Michigan is a 55-and-older community that restricts residency to persons aged 55 and above. A 45-year-old applicant is denied housing and files a complaint under the Michigan Elliott-Larsen Civil Rights Act, citing age discrimination. Which of the following best describes the legal analysis?
Correct Answer
B) The community is exempt under the federal Housing for Older Persons Act (HOPA), which supersedes Michigan's Elliott-Larsen Act age protections for qualifying senior housing
The federal Housing for Older Persons Act (HOPA) provides an exemption from the familial status provisions of the Fair Housing Act for qualifying 55-and-older communities, provided that at least 80% of occupied units have at least one resident aged 55 or older and the community publishes and follows policies demonstrating intent to be senior housing. This federal exemption also operates to limit the application of Michigan's Elliott-Larsen Act age protections in qualifying senior housing communities. Federal law preempts conflicting state law in this context, allowing qualifying senior communities to restrict residency by age.
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