Fair Housing

A senior housing community in New York may legally restrict occupancy to older persons if:

AIt files an exemption with the DOS
BIt qualifies under the Housing for Older Persons Act (HOPA) — all occupants 62+, or 80% age 55+ with published age-related policies✓ Correct
CThe building was constructed before 1974
DAll residents sign a waiver of fair housing rights

Explanation

The Fair Housing Act exempts qualifying senior housing from the familial status prohibition. Under HOPA, communities may exclude families with children if all residents are 62 or older, OR at least 80% of units have at least one resident 55 or older with published age policies.

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