A Nevada broker manages a 55-and-older community in Henderson. A prospective tenant who is 45 years old applies and is denied occupancy on the basis of age. The tenant files a fair housing complaint, alleging discrimination based on familial status. Which of the following best describes the legal outcome under the federal Fair Housing Act?
Correct Answer
D) The community did not violate the FHA if it qualifies as housing for older persons under the Act's exemption for 55-and-older communities.
The Fair Housing Act contains a specific exemption for 'housing for older persons' under the Housing for Older Persons Act (HOPA) of 1995. A community qualifies for the 55-and-older exemption if: (1) at least 80% of occupied units have at least one resident who is 55 or older, (2) the community publishes and adheres to policies demonstrating intent to be 55-and-older housing, and (3) the community complies with HUD's age verification requirements. If the Henderson community meets these criteria, it is legally permitted to deny occupancy to the 45-year-old applicant without violating the FHA's familial status protections.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.
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