A Montana landlord operates a 10-unit apartment complex in Kalispell. He refuses to rent to applicants over the age of 55, claiming his building qualifies as housing for older persons under the federal Housing for Older Persons Act (HOPA) and therefore he can exclude younger tenants. He then argues that because his building is HOPA-qualified, he can also refuse to rent to applicants under age 55 who are unmarried. Which of the following statements correctly evaluates both of the landlord's claims under applicable law?
Correct Answer
C) The age restriction claim may be valid if HOPA requirements are met, but the marital status restriction remains unlawful under the Montana Human Rights Act
Under the federal Housing for Older Persons Act (HOPA), housing communities that qualify as '55 and older' or '62 and older' housing may lawfully restrict occupancy based on age without violating the federal Fair Housing Act's familial status protections. If this landlord's complex genuinely meets HOPA's qualification requirements (at least 80% of units occupied by one person 55 or older, published policies, etc.), the age-based restriction may be lawful. However, HOPA does not create any exemption from Montana's prohibition on marital status discrimination under the Montana Human Rights Act (MCA Title 49, Chapter 2). The landlord cannot additionally require that qualifying residents be married. These are two separate legal issues governed by different laws.
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Related Concepts
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.
The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.
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