A developer in Princeton is building a 62-and-older community and wants to restrict all units to residents who are at least 62 years of age. No resident under 62 will be permitted. The developer asks a licensed salesperson whether this age restriction is lawful under New Jersey law. The salesperson should advise that the restriction is:
Correct Answer
D) Lawful under the Housing for Older Persons Act exemption, which also covers communities where all residents are 62 or older
The Housing for Older Persons Act (HOPA) provides two types of qualifying senior housing exemptions from familial status protections. The first type requires that 80% of occupied units have at least one resident age 55 or older. The second type covers housing intended for and solely occupied by persons 62 years of age or older. A 62-and-older community where all residents must be at least 62 qualifies under the second HOPA category and is exempt from familial status requirements under both the federal FHA and the NJ LAD.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
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.
More Practice Of Real Estate Questions
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