Fair HousingIntermediateColorado Exam

A landlord's policy of 'no children' in an apartment community violates the Fair Housing Act unless:

AThe building was constructed before 1988
BThe community qualifies as housing for older persons (55+ or 62+ community)Correct
CThe landlord has owned the property for more than 10 years, as a general rule
DThe building has fewer than 4 units

Why The community qualifies as housing for older persons (55+ or 62+ community) Is Correct

Answer B: The community qualifies as housing for older persons (55+ or 62+ community)

Housing for Older Persons (HOPA) exemptions allow communities designated as '55 and older' or '62 and older' housing to exclude children. The 55+ exemption requires at least 80% of units to be occupied by at least one person 55 or older and must publish and follow policies demonstrating intent to be age 55+ housing.

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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