Fair HousingIntermediateArizona Exam

In Arizona, a homeowners association (HOA) that enforces deed restrictions prohibiting rental of units to families with children:

AMay enforce the restriction as a private contractual matter between the HOA and its members, since the Fair Housing Act does not apply to private homeowners associations
BViolates the Fair Housing Act's prohibition on discrimination based on familial status, as 'senior housing' exemptions have strict requirements the HOA must meetCorrect
CMay enforce the restriction if it appears in the original recorded CC&Rs, since restrictions in the original declaration are exempt from subsequent fair housing challenges
DMay enforce the restriction for short-term rentals only, since the Fair Housing Act's familial status protection applies only to permanent long-term residential occupancy

Why Violates the Fair Housing Act's prohibition on discrimination based on familial status, as 'senior housing' exemptions have strict requirements the HOA must meet Is Correct

Answer B: Violates the Fair Housing Act's prohibition on discrimination based on familial status, as 'senior housing' exemptions have strict requirements the HOA must meet

HOAs are subject to the Fair Housing Act. Prohibiting families with children from renting (or purchasing) is discrimination based on familial status unless the community qualifies as 'housing for older persons' (55+ or 62+).

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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