A developer in Bedford, NH is marketing a new 55-and-older community and wants to restrict sales to buyers aged 55 or older. A 45-year-old buyer is denied purchase and claims age discrimination under RSA 354-A. Which of the following best describes the legal outcome?
Correct Answer
A) The restriction is lawful if the community qualifies under the federal Housing for Older Persons Act (HOPA) exemption
The federal Housing for Older Persons Act (HOPA) provides a specific exemption to fair housing age discrimination rules for qualifying senior housing communities. To qualify, at least 80% of occupied units must have one resident aged 55 or older, the community must publish and follow policies demonstrating intent to be 55+ housing, and it must comply with HUD regulations for age verification. When a community qualifies under HOPA, the age restriction is lawful under both federal and NH law, and the 45-year-old buyer's claim would not succeed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
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