Fair Housing

A 55+ housing community in Texas can legally restrict residency to older persons under the Fair Housing Act if:

AThe community was built before 1968
BAt least 80% of occupied units have one resident 55 or older, and the community publishes policies demonstrating intent for 55+ housing✓ Correct
CThe HOA board approves an age restriction policy
DThe community has fewer than 10 units

Explanation

Under the Housing for Older Persons Act (HOPA) exemption to the Fair Housing Act, a community may qualify as 55+ housing if: (1) at least 80% of occupied units have at least one resident 55+, (2) it publishes policies demonstrating intent to be 55+ housing, and (3) it complies with HUD rules.

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