What background knowledge is needed for this Practice Of Real Estate question?

The Housing for Older Persons Act (HOPA), enacted by Congress in 1995, created a federal exemption from the familial status protected class for housing communities that qualify as senior housing — specifically those where 80% or more of units have at least one resident aged 55 or older and that publish and follow policies demonstrating their intent to be senior housing. Critically, HOPA does not create a license to exclude people for being too old — it is a defense against familial status claims, not a permission slip for age ceilings. Virginia's elderliness protection (55+) operates entirely separately from HOPA, and the landlord in this question cannot invoke HOPA to justify excluding 56-year-olds.

What is a good way to remember the answer to this Practice Of Real Estate question?

Remember the phrase 'Virginia's Floor is Higher Than Washington's' to capture the idea that Virginia adds protected classes above the federal baseline. For this specific question, picture a staircase: the bottom step is federal law (no age protection, no sexual orientation protection), and the top step is Virginia law (elderliness 55+ and sexual orientation both protected). The landlord is standing on the bottom step claiming he is safe, but in Virginia, the relevant step is the higher one. This staircase image helps you remember that Virginia law always applies on top of — never instead of — federal law.

What exam tip applies to this Practice Of Real Estate question?

Any time a question presents a landlord or seller who argues that a practice is legal 'because federal law does not prohibit it,' treat that argument as almost certainly wrong on a Virginia state exam. The exam is specifically designed to test whether you know that Virginia adds protected classes beyond federal law. Scan the answer choices for the option that correctly identifies the Virginia-specific classes at issue and rejects the federal-only argument — that answer will almost always be correct. Also watch for HOPA being used as a distractor; remember that HOPA is a defense for senior housing communities, not a tool for landlords who simply prefer younger tenants.

How does this Practice Of Real Estate concept apply in real world practice?

A 56-year-old same-sex couple applies to rent a unit in a 10-unit complex in Charlottesville, Virginia. The landlord rejects them, citing his 'young professional community' policy. The couple files a Virginia fair housing complaint alleging both elderliness discrimination (they are 56, above the 55-year threshold) and sexual orientation discrimination (they are a same-sex couple). The landlord's attorney advises him that his reliance on the absence of federal age protection is legally irrelevant in Virginia, and that both claims are viable under Va. Code § 36-96.1 et seq. The landlord faces potential civil liability, civil penalties, and injunctive relief on two independent grounds.

Practice Of Real EstateFair_housingHARD

A Virginia landlord owns a 10-unit apartment complex. He refuses to rent to applicants who are 56 years old or older, claiming his building is 'a young professional community.' A 56-year-old applicant who is also a same-sex couple files a fair housing complaint. The landlord argues that age is not a protected class under the federal Fair Housing Act and that his policy is legal. Which of the following best evaluates the landlord's argument under Virginia law?

Correct Answer

C) The landlord's argument is incorrect; Virginia adds elderliness (55+) and sexual orientation as protected classes, making both aspects of the refusal potentially unlawful

Virginia Fair Housing Law (Va. Code § 36-96.1 et seq.) extends beyond federal law by adding 'elderliness' (age 55+) and 'sexual orientation' as protected classes. The landlord's blanket policy against applicants 56 and older violates the elderliness protected class (since 56 exceeds the 55-year threshold). The refusal based on the couple being same-sex violates the sexual orientation protected class. The landlord's reliance on federal law is a classic exam trap — Virginia independently provides these protections.

Answer Options

The landlord's argument is correct because age is not a federally protected class and Virginia follows federal fair housing standards exclusively

The landlord's argument is partially correct; the age policy is lawful but the same-sex couple's sexual orientation is protected under Virginia law

The landlord's argument is incorrect; Virginia adds elderliness (55+) and sexual orientation as protected classes, making both aspects of the refusal potentially unlawful

The landlord's argument is incorrect only as to sexual orientation; age restrictions are permitted under Virginia's Housing for Older Persons Act exemption

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