Land Use & Zoning

What is 'age-restricted housing' and the legal framework allowing it in Delaware?

AHousing reserved for college students under 25 near Delaware universities
BHousing designed for and restricted to persons 55 or older (or 62+) — permitted under the Housing for Older Persons Act (HOPA) as an exception to the Fair Housing Act's familial status prohibition✓ Correct
CHousing restricted to workers in Delaware's farming industry, regardless of age
DHousing limited to persons who have lived in Delaware for more than 10 years

Explanation

Age-restricted housing is permitted under the Housing for Older Persons Act (HOPA), which exempts qualifying senior communities from the Fair Housing Act's familial status provisions. A community qualifies if it is intended for and solely occupied by persons 62 or older, or if 80% of units are occupied by at least one person 55+ per unit with HUD-compliant policies and procedures.

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