A condominium development in Hilton Head, South Carolina advertises itself as a '55+ community' and refuses to rent units to families with children under 18. A family with two young children is denied a rental and files a complaint with the South Carolina Human Affairs Commission. Under South Carolina's fair housing law, which of the following best describes the community's legal status?
Correct Answer
D) The community is exempt if it qualifies as housing for older persons under the Housing for Older Persons Act (HOPA) requirements.
Under the Housing for Older Persons Act (HOPA) of 1995, which is incorporated into the Fair Housing Act framework and mirrored in South Carolina's fair housing law (S.C. Code Ann. §§ 31-21-10 et seq.), a community may legally restrict occupancy to older persons and exclude families with children if it qualifies as housing for older persons. To qualify as a 55+ community under HOPA, the development must: (1) have at least 80% of occupied units with at least one person age 55 or older, (2) publish and follow policies demonstrating intent to be 55+ housing, and (3) comply with HUD's age verification procedures. Meeting all three requirements is the correct standard.
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