Fair HousingIntermediateCalifornia Exam

Under the Fair Housing Act, are 'housing for older persons' (senior housing) communities exempt from the familial status prohibition?

ANo; all housing must be open to families with children, under federal and California fair housing law, under federal and California fair housing law, consistent with Fair Employment and Housing Act protections
BYes, if the community meets specific criteria: either 100% of residents are 62+, or 80% of occupied units have at least one resident 55+ and there are policies demonstrating intent to be 55+ housingCorrect
COnly if the community was built before 1968, as defined under the Fair Employment and Housing Act, under federal and California fair housing law, consistent with Fair Employment and Housing Act protections
DYes, any community that markets itself as senior housing, consistent with federal Fair Housing Act protections, under federal and California fair housing law, consistent with Fair Employment and Housing Act protections

Why Yes, if the community meets specific criteria: either 100% of residents are 62+, or 80% of occupied units have at least one resident 55+ and there are policies demonstrating intent to be 55+ housing Is Correct

Answer B: Yes, if the community meets specific criteria: either 100% of residents are 62+, or 80% of occupied units have at least one resident 55+ and there are policies demonstrating intent to be 55+ housing

Housing for Older Persons (HOPA) provides a qualified exemption from the familial status prohibition for senior communities meeting strict criteria: 100% residents age 62+, or 80% of occupied units with at least one resident 55+ and published policies demonstrating the community's intent to be 55+ housing. Familial status, added by the 1988 Fair Housing Amendments Act, protects families with children under 18, pregnant women, and anyone securing legal custody of a minor.

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

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