A 62-unit apartment complex in Jackson, Wyoming is advertised as senior housing. The owner claims the complex qualifies for the 'housing for older persons' exemption from the familial status provisions of the Wyoming Fair Housing Act and refuses to rent to a family with a 10-year-old child. To lawfully qualify for this exemption, which of the following conditions must the complex satisfy?
Correct Answer
B) At least 80% of occupied units must have at least one resident who is 55 or older, and the complex must publish and follow policies demonstrating intent to be housing for older persons.
Under the federal Housing for Older Persons Act (HOPA), which applies in Wyoming as the state fair housing law mirrors federal standards, a housing community qualifies for the 55-or-older exemption from familial status protections if: (1) at least 80% of occupied units have at least one resident who is 55 years of age or older, and (2) the housing provider publishes and follows policies demonstrating the intent to provide housing for persons 55 or older, and (3) the housing provider complies with HUD's rules for age verification. Meeting these requirements allows the complex to lawfully refuse to rent to families with children without violating fair housing law.
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