A property management company in Pawtucket has a policy of not renting to anyone over the age of 55, claiming the units are part of a '55 and older' housing community. However, the community does not meet the federal Housing for Older Persons Act (HOPA) exemption requirements — specifically, it lacks the required percentage of residents who are 55 or older and has not published the required policies. Under Rhode Island's Fair Housing Practices Act, which of the following best describes the legal consequence of the management company's policy?
Correct Answer
C) The policy violates Rhode Island's § 34-37 as age discrimination, and the HOPA exemption does not apply because the community fails to meet the statutory requirements.
Rhode Island's Fair Housing Practices Act (§ 34-37) protects age as a covered class, prohibiting age-based discrimination in housing. The federal HOPA exemption allows certain 55-and-older communities to restrict residency by age, but only if they meet specific requirements: at least 80% of units must be occupied by at least one person 55 or older, and the community must publish and follow policies demonstrating intent to be 55-and-older housing. Since this community fails to meet those requirements, the HOPA exemption does not apply, and the policy constitutes unlawful age discrimination under Rhode Island's § 34-37.
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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.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
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