A housing complex wants to qualify for the 'housing for older persons' exemption from familial status discrimination claims under fair housing law. Which requirement must the complex satisfy?
- AAny complex may claim the exemption simply by advertising itself as 'adults only'
- BAt least 80% of occupied units must have at least one occupant age 55 or older, and the complex must publish policies demonstrating intent to house older persons
- CAt least 50% of units must house persons age 62 or older, with no additional documentation required
- DThe complex must house only persons age 65 or older with absolutely no exceptions permitted
Show answer & explanationAnswer & explanation
Correct answer: B. At least 80% of occupied units must have at least one occupant age 55 or older, and the complex must publish policies demonstrating intent to house older persons
Under the Housing for Older Persons Act (HOPA), a '55 and older' community must have at least 80% of occupied units with at least one resident age 55 or older, and must publish and adhere to policies and procedures demonstrating an intent to operate as senior housing. Simply advertising as 'adults only' does not qualify for the exemption and would itself violate fair housing law.
Why the other options are wrong
- A. Merely advertising 'adults only' does not satisfy HOPA and is itself discriminatory against families.
- C. The 62-and-older exemption category requires all units be occupied by persons 62+, not just 50%.
- D. HOPA's 55+ category allows some flexibility, not absolute exclusion.
Housing for Older Persons Act (HOPA) Exemption
HOPA allows senior housing communities to be exempt from familial status discrimination claims if they meet specific occupancy percentage and policy requirements.
- 55+ communities: 80% of units must have one occupant 55 or older, plus published policies
- 62+ communities: 100% of units must be occupied by persons 62 or older
- Simply calling a property 'adults only' does not meet the exemption and violates fair housing law
Memory trick: 80% at 55, or 100% at 62 — anything less is just 'adults only' discrimination.