A Tennessee homeowner who is 68 years old wishes to sell her home. She tells her affiliate broker she will only sell to buyers who are at least 55 years old because she wants the neighborhood to remain quiet. The home is part of a community that has NOT been registered as a 55-or-older housing community under the Housing for Older Persons Act (HOPA). Under the Tennessee Human Rights Act and applicable federal law, which statement is correct?
Correct Answer
C) The seller's age restriction violates fair housing law because the community does not qualify for the HOPA exemption, making familial status discrimination unlawful
Restricting buyers to those 55 or older — which effectively excludes families with minor children — constitutes familial status discrimination under the federal Fair Housing Act and the Tennessee Human Rights Act. The only lawful exception for age-restricted housing is the Housing for Older Persons Act (HOPA) exemption, which requires the community to be properly registered and meet specific criteria (e.g., 80% of units occupied by at least one person 55 or older, and published policies demonstrating intent to be 55+ housing). Because this community has NOT been registered under HOPA, the exemption does not apply, and the age restriction is unlawful.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
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