Lakewood Village is a Michigan condominium community that has adopted bylaws restricting residency to persons aged 62 and older. It meets all federal HOPA requirements: at least 80% of occupied units have at least one resident aged 62 or older, and the community publishes and follows policies demonstrating senior housing intent. A 35-year-old applicant is denied. She files a complaint under the Michigan Elliott-Larsen Civil Rights Act, arguing that Michigan's age protection (18+) should override the federal HOPA exemption. Which of the following is the most legally accurate conclusion?
Correct Answer
D) Lakewood Village prevails because a qualifying HOPA community is exempt from both the federal Fair Housing Act's familial status provisions and Michigan's Elliott-Larsen Act age protections, as federal law preempts conflicting state law in this context
The federal Housing for Older Persons Act (HOPA), 42 U.S.C. 3607(b), provides a specific exemption from the familial status provisions of the Fair Housing Act for qualifying senior communities. When a community meets all HOPA requirements, federal law preempts conflicting state law under the Supremacy Clause of the U.S. Constitution. Michigan's Elliott-Larsen Civil Rights Act age protections, while broader than federal law in general, cannot override a valid federal statutory exemption for qualifying senior housing. Lakewood Village, having met all HOPA criteria, may lawfully restrict residency to persons aged 62 and older without violating either federal or Michigan fair housing law.
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