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Sunrise Senior Village is a 55-and-older community in Cherry Hill, New Jersey. The community's rules require that at least one resident of each unit be 55 years of age or older and that at least 80% of the occupied units be occupied by at least one person 55 or older. The community also publishes and follows policies demonstrating its intent to be housing for older persons. A 42-year-old applicant is denied residency. Under the NJ Law Against Discrimination, this denial is most likely:

Correct Answer

D) Permissible under the Housing for Older Persons exemption, which applies to qualifying 55-and-older communities

Both the federal Fair Housing Act and the NJ LAD recognize the Housing for Older Persons Act (HOPA) exemption. A community qualifies if: (1) at least 80% of occupied units have at least one resident age 55 or older, (2) it publishes and follows policies demonstrating intent to be housing for older persons, and (3) it complies with HUD regulations for age verification. Sunrise Senior Village meets all three criteria, so denying a 42-year-old is lawful under this recognized exemption from familial status protections.

Answer Options
A
A violation of the NJ LAD because age is a protected class in New Jersey
B
A violation of the NJ LAD because familial status protections prohibit age-based restrictions on housing
C
Permissible only if the community is registered with the NJ Real Estate Commission as a senior housing development
D
Permissible under the Housing for Older Persons exemption, which applies to qualifying 55-and-older communities

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Related Topics & Key Terms

Key Terms:

LADHOPA_exemptionsenior_housingfamilial_statusfair_housing_exemptions

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