National Real Estate Exam (PSI)Practice of Real EstateHard
A 55-and-older community wishes to legally restrict residency to seniors under the Housing for Older Persons Act (HOPA) exemption. Which requirement must it meet?
- AThe community must have fewer than 20 units
- BAt least 80% of occupied units must have one resident age 55 or older
- CAt least 60% of occupied units must have one resident age 55 or older
- DAll residents must be at least 62 years old
Show answer & explanationAnswer & explanation
Correct answer: B. At least 80% of occupied units must have one resident age 55 or older
Under HOPA, a 55-and-older community must have at least 80% of its occupied units with at least one resident age 55 or older, publish policies demonstrating intent to house older persons, and comply with HUD age verification rules. This is a familial-status exemption from the Fair Housing Act.
Why the other options are wrong
- A. There is no minimum unit count requirement tied to this percentage rule.
- C. 60% is not the correct threshold; HOPA requires 80%.
- D. 62+ applies to a different exemption category (housing solely for those 62+, which requires 100%).
HOPA 55+ Exemption
A Fair Housing Act exemption allowing housing to exclude families with children if it qualifies as housing for older persons.
- 80% of units must have one resident 55+
- Must publish and adhere to policies/procedures showing intent
- Separate 100% rule applies to 62+ housing
Memory trick: '80 for 55, 100 for 62' - remember the two senior housing thresholds