Fair Housing

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
BB. Legal if at least 80% of the units are occupied by at least one person 55 or older and the complex follows required procedures✓ Correct
CC. Legal only if all residents are 62 or older
DD. Illegal because age is not a protected class

Explanation

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.

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