PSI Oklahoma Real Estate Practice Test

In which of the following situations would Fair Housing laws allow discrimination?

1. A retirement community whose residents are all over 62 refuses to allow families with children to buy in the community.

2. A family seeks to rent a house in a predominantly senior neighborhood.

3. An assisted living facility allows only elderly residents.

4. A tenant denies housing to a potential roommate based on gender.

The correct answer is: A retirement community whose residents are all over 62 refuses to allow families with children to buy in the community.

In the context of Fair Housing laws, which are designed to prevent discrimination in housing based on various protected characteristics, the correct situation where such discrimination is allowed pertains to a retirement community whose residents are all over 62. The Fair Housing Act makes provisions for certain types of housing that qualify as "housing for older persons." These communities can legally exclude families with children, provided they meet specific criteria. Essentially, if a housing development is designated as a senior community and at least 80% of its units are occupied by persons aged 55 or older, it can lawfully restrict occupancy based on age. Therefore, this choice reflects the legal allowances within Fair Housing laws regarding age-based discrimination in specific types of housing designed for older adults. In contrast, the other situations do not align with lawful discrimination under Fair Housing laws. Families seeking to rent in predominantly senior neighborhoods should not face discrimination based on their familial status. Assisted living facilities, while they may cater to the elderly, must also adhere to Fair Housing provisions prohibiting discrimination based on age, race, or other protected characteristics. Lastly, denying housing to a potential roommate based on gender does not fit any legal exception under Fair Housing laws and represents discrimination, as gender is a protected category.