Fair Housing
Under what circumstances can an HOA in Nevada restrict the use of a unit to adults only?
AHOAs can always restrict all units to adults only
BOnly if the community qualifies under the federal Housing for Older Persons Act (HOPA) as 55+ or 62+ housing✓ Correct
CIf the restriction is in the CC&Rs and the majority of homeowners agree
DNevada prohibits all age restrictions in HOA communities
Explanation
Under the federal Fair Housing Act and HOPA, an HOA can restrict occupancy to adults only if the community qualifies as 55+ housing (at least 80% of units with a 55+ resident and proper policies) or 62+ housing (all residents must be 62+). Without this qualification, adult-only restrictions violate fair housing law.
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Key Terms to Know
Fair Housing Act
Federal law prohibiting discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, disability, and familial status.
SteeringAn illegal practice where a real estate agent directs buyers toward or away from certain neighborhoods based on the buyer's race, religion, national origin, or other protected characteristics.
BlockbustingAn illegal practice of inducing homeowners to sell by claiming that the entry of minority groups will lower property values.
RedliningAn illegal practice where lenders or insurers deny services or charge higher rates in certain neighborhoods based on the racial or ethnic composition of those areas.
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