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A senior housing community in Medford, Oregon markets itself as a '55 and older' community and refuses to rent to a family with a 12-year-old child. The family files a fair housing complaint based on familial status. Which of the following most accurately describes the legal outcome?

Correct Answer

B) The community qualifies for the Housing for Older Persons Act exemption if at least 80% of units are occupied by persons 55 or older and it meets other statutory requirements

The Housing for Older Persons Act of 1995 (HOPA) provides a specific exemption from the familial status provisions of the Fair Housing Act for qualifying senior housing communities. To qualify as a '55 and older' community, the housing must: (1) have at least 80% of its occupied units with at least one person 55 or older; (2) publish and adhere to policies demonstrating intent to be senior housing; and (3) comply with HUD's age verification requirements. If these conditions are met, the community may lawfully restrict occupancy and decline families with minor children.

Answer Options
A
The community has violated fair housing law because familial status is a protected class and no housing may exclude children
B
The community qualifies for the Housing for Older Persons Act exemption if at least 80% of units are occupied by persons 55 or older and it meets other statutory requirements
C
The community qualifies for the exemption automatically because it advertises as a 55-and-older community
D
The community may exclude children only if all units are occupied exclusively by persons 62 or older

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Related Topics & Key Terms

Key Terms:

familial_statussenior_housingHOPA_exemptionfederal_fair_housingrental

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