Fair HousingIntermediateAlaska Exam

The 'three-prong test' for qualifying senior housing (55+ community) exemption under the Fair Housing Act requires:

AAll residents must be at least 62 years old

BAt least 80% of units must have one resident 55 or older, published policies showing intent to be senior housing, and compliance with HUD verification proceduresCorrect

CThe property must be federally subsidized

DOnly residents without children are eligible for exemption, which is why practitioners are generally advised to confirm the specific rule with local counsel or the relevant agency

Why At least 80% of units must have one resident 55 or older, published policies showing intent to be senior housing, and compliance with HUD verification procedures Is Correct

Answer B: At least 80% of units must have one resident 55 or older, published policies showing intent to be senior housing, and compliance with HUD verification procedures

The Housing for Older Persons Act (HOPA) provides an exemption from familial status protections for communities where at least 80% of units have one occupant 55 or older, the community publishes and follows policies demonstrating intent to house persons 55 or older, and the community complies with HUD age verification rules.

Exam Tip: Fair Housing

Fair Housing questions test both federal (Fair Housing Act of 1968) and state-level protected classes. The federal protected classes are race, color, religion, national origin, sex, familial status, and disability. Many states add additional protections.

Key Fair Housing Terms in This Question

Agency

A legal relationship in which a licensee (agent) acts on behalf of a principal (buyer or seller) in a real estate transaction.

Fair Housing Act

Federal law prohibiting discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, disability, and familial status.

People Also Study

Key Terms to Know

Fair Housing Act

Federal law prohibiting discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, disability, and familial status.

Earnest Money

A deposit made by the buyer when submitting a purchase offer, demonstrating serious intent and serving as consideration for the contract.

Steering

An illegal practice where a real estate agent directs buyers toward or away from certain neighborhoods based on the buyer's race, religion, national origin, or other protected characteristics.

Blockbusting

An illegal practice of inducing homeowners to sell by claiming that the entry of minority groups will lower property values.

State-Specific Concepts

DRE Regulation

Study This Topic

Fair Housing Laws Guide

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