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.
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Related Concepts
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.
A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.
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- → A real estate license holder in Dallas shows properties only in certain neighborhoods to a Hispanic buyer, steering them away from predominantly white areas. The buyer suspects discrimination. Which Texas agency would handle the initial complaint?
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- → A Texas license holder is reviewing fair housing law with a new sales agent. The license holder explains the seven federal protected classes. Which of the following is NOT a protected class under the federal Fair Housing Act as enforced in Texas?
- → A Texas real estate office is located on the ground floor of a commercial building. A prospective client who uses a wheelchair cannot enter the office because of a four-inch step at the entrance. Under the ADA, what must the real estate brokerage do?
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Under the Texas Fair Housing Act, which of the following BEST describes the term "blockbusting" as it applies to real estate transactions in Texas?
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A mortgage lender in El Paso offers a Hispanic borrower a higher interest rate than similarly qualified non-Hispanic borrowers for the same loan product. The borrower discovers the discrepancy. Under the Texas Fair Housing Act, which prohibited practice has occurred?