A condominium complex in Franklin, Tennessee advertises itself as a '55+ Community' and enforces an age restriction policy that prohibits residents under 55 years of age. A 42-year-old couple is denied a unit based on this policy and files a complaint. Under the Tennessee Human Rights Act and the federal Housing for Older Persons Act (HOPA), which of the following best describes the legal status of this age restriction?
Correct Answer
A) The restriction is legal if the community qualifies as housing for older persons under HOPA and meets all required criteria.
Under the federal Housing for Older Persons Act (HOPA), communities that qualify as '55 or older' housing are exempt from the familial status protections of the Fair Housing Act. To qualify, at least 80% of occupied units must have at least one person 55 or older, the community must publish and follow policies demonstrating intent to be 55+ housing, and the community must register with HUD. Tennessee's fair housing framework, including the Tennessee Human Rights Act (Tenn. Code Ann. § 4-21-101 et seq.), recognizes this federal exemption. If all HOPA criteria are met, the age restriction is lawful.
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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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