What is the 55+/older persons exemption concept in FHA compliance?

• A. Housing Designed For Older Persons May Be Exempt If It Meets Occupancy Criteria And Is Marketed Appropriately
• B. It Prohibits Advertising For Older Persons
• C. It Applies Only To Rental Housing
• D. It Requires No Occupancy Criteria

Answer: (A)

The 55+/older persons exemption under the Fair Housing Act (as amended by HOPA) allows housing that is designed for older persons to be exempt from the familial-status protections, but only if it meets two key conditions: occupancy and marketing. The property must be designed for older persons and, crucially, it must meet the occupancy criteria — typically either every unit is occupied by at least one person aged 55 or older, or at least 80% of the occupied units have a resident who is 55 or older. In addition, the housing must be marketed as serving older persons and have programs in place to verify ages and maintain the intended occupancy. When these criteria are satisfied, the exemption applies; without them, the protection against discrimination based on familial status would apply.

So the best answer captures that the exemption exists for housing designed for older persons and hinges on meeting occupancy thresholds and appropriate marketing.