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Tx Fair Housing DtpaFederal_and_texas_fair_housingMEDIUM

A condominium community in Austin restricts occupancy to persons age 55 and older. A 40-year-old buyer attempts to purchase a unit and is denied. The buyer files a fair housing complaint alleging familial status discrimination. Under the Texas Fair Housing Act, which condition must the community meet to qualify for the housing-for-older-persons exemption?

Correct Answer

D) At least 80% of occupied units must have one resident who is 55 or older, and the community must publish and adhere to policies demonstrating intent to be housing for older persons

Under both federal law (42 U.S.C. §3607(b)(2)(C)) and the Texas Fair Housing Act, the 55-or-older exemption requires that at least 80% of occupied units have at least one occupant who is 55 or older, and the community must publish and adhere to policies and procedures demonstrating the intent to be housing for persons 55 or older.

Answer Options
A
The community must have been originally constructed and designated as senior housing at the time of initial development
B
All residents must be at least 62 years of age with no exceptions for younger family members
C
At least 90% of occupied units must have one resident who is 55 or older, with annual certification by HUD
D
At least 80% of occupied units must have one resident who is 55 or older, and the community must publish and adhere to policies demonstrating intent to be housing for older persons

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Related Topics & Key Terms

Key Terms:

fair_housingsenior_housing_exemptionfamilial_status55_and_older

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