A senior apartment community in Roanoke, Virginia advertises that it is exclusively for residents aged 55 and older and enforces this policy. A 45-year-old applicant is denied housing and files a complaint under the Virginia Fair Housing Law citing 'elderliness' discrimination. Which of the following best describes the legal outcome?
Correct Answer
D) The community has not violated Virginia law if it qualifies as housing for older persons under applicable exemptions
Virginia Fair Housing Law, like the federal Housing for Older Persons Act (HOPA), provides an exemption for communities that qualify as housing for older persons. A 55+ community that meets the statutory requirements (at least 80% of units occupied by persons 55+, published policies, etc.) is lawfully permitted to restrict occupancy by age. The elderliness protected class protects older persons from discrimination, but does not prohibit age-restricted senior communities that meet HOPA standards.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
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