Land Use & Zoning
A New Jersey municipality designates certain areas as 'age-restricted communities' for residents 55 and older. This is permitted under:
AThe NJ LAD only if approved by NJREC
BThe federal Housing for Older Persons Act (HOPA), which exempts qualifying communities from familial status provisions✓ Correct
CNJ zoning law only, not federal law
DCOAH affordability requirements
Explanation
HOPA (1995) created an exemption to the Fair Housing Act's familial status prohibition for communities that qualify as '55 and older housing.' At least 80% of occupied units must have one resident 55 or older, and the community must follow age verification procedures.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
Fair Housing ActFederal law prohibiting discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, disability, and familial status.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
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