A developer in Tacoma is marketing a new 55-and-older community and wants to refuse to sell units to buyers under age 55. Under the federal Fair Housing Act, which of the following statements is most accurate regarding this situation?
Correct Answer
B) This is permissible if the community qualifies under the Housing for Older Persons Act (HOPA) exemption for 55-and-older communities
While familial status (which protects families with children under 18) is a federally protected class, the Fair Housing Act includes a specific exemption for qualifying senior housing communities under the Housing for Older Persons Act (HOPA) of 1995. A 55-and-older community qualifies for this exemption if: (1) at least 80% of occupied units have at least one resident age 55 or older, (2) the community publishes and follows policies demonstrating an intent to be housing for persons 55 or older, and (3) the community complies with HUD regulations for age verification. If these conditions are met, the community may lawfully restrict occupancy based on age.
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