A Utah apartment complex advertises as a '55+ community' and restricts residency to persons 55 years of age or older. A family with a 10-year-old child is denied a unit. The family files a fair housing complaint based on familial status. Which statement most accurately describes the legal outcome?
Correct Answer
B) The complex is exempt from familial status protection if it qualifies as housing for older persons under the Housing for Older Persons Act
The Housing for Older Persons Act (HOPA) of 1995 created an exemption to the familial status protection under the Fair Housing Act. A community qualifies for the 55+ exemption if: (1) at least 80% of occupied units have at least one resident who is 55 or older; (2) the community publishes and follows policies demonstrating intent to be 55+ housing; and (3) the community complies with HUD rules for age verification. If the Utah complex meets these HOPA requirements, it may lawfully restrict residency to persons 55 or older and deny families with minor children.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.
Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.
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.
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