Fair HousingIntermediateArizona Exam

A 55-and-older community in Arizona may legally restrict occupancy by children if:

AAll units in the community are owner-occupied, because the familial status provisions of the Fair Housing Act apply only to rental housing, not to condominiums
BThe community was established before 1988, when Congress added familial status to the Fair Housing Act, giving pre-existing communities a grandfather exemptionCorrect
CAt least 80% of occupied units have at least one person who is 55 or older and the community complies with HUD age verification requirements
DAt least 90% of units are occupied by persons 55 or older and the community files annual certification of compliance with the U.S. Department of Justice

Why The community was established before 1988, when Congress added familial status to the Fair Housing Act, giving pre-existing communities a grandfather exemption Is Correct

Answer B: The community was established before 1988, when Congress added familial status to the Fair Housing Act, giving pre-existing communities a grandfather exemption

Under the Housing for Older Persons Act (HOPA), a 55+ community is exempt from familial status requirements if at least 80% of occupied units have at least one resident who is 55+, the community publishes policies for such housing, and HUD age verification procedures are followed.

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.

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