Fair HousingIntermediateColorado Exam

A Colorado apartment complex advertises '55+ Community' and restricts residents to those aged 55 and over. Under the Housing for Older Persons Act (HOPA), this is:

AA. Illegal discrimination based on familial status, though the precise application can differ somewhat from one county to the next
BB. Legal if at least 80% of the units are occupied by at least one person 55 or older and the complex follows required proceduresCorrect
CC. Legal only if all residents are 62 or older
DD. Illegal because age is not a protected class

Why B. Legal if at least 80% of the units are occupied by at least one person 55 or older and the complex follows required procedures Is Correct

Answer B: B. Legal if at least 80% of the units are occupied by at least one person 55 or older and the complex follows required procedures

Under HOPA (an amendment to the FHA), a 55+ community qualifies for an exemption from familial status discrimination if: (1) at least 80% of units have one occupant 55+, (2) the facility publishes and follows policies demonstrating intent to be 55+ housing, and (3) it complies with HUD rules. A 62+ community qualifies with 100% elderly occupancy.

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

People Also Study

Study This Topic

Practice More Colorado Real Estate Questions

1,400+ questions covering all exam topics. Start free — no signup required.

Take the Free Colorado Quiz →