Texas Real Estate Brokerage Sales Apprentice Education (SAE) Practice Exam

What is the main exception to the Fair Housing Act's prohibition against discrimination based on familial status?

1. Housing for the disabled

2. Housing for older persons

3. Housing for veterans

4. Rent-controlled housing

The correct answer is: Housing for older persons

The primary exception to the Fair Housing Act's prohibition against discrimination based on familial status is housing specifically designed for older persons. The Fair Housing Act generally prohibits discrimination in housing based on several protected classes, including familial status, which refers to the presence of children or the intention to have children in a household. However, the Act makes allowances for certain housing developments that cater to older adults. For instance, housing can legally qualify as "housing for older persons" if it is designated for occupancy by persons aged 62 or older, or if at least 80 percent of the units are occupied by at least one person who is 55 years of age or older. This exception recognizes the need for housing environments specifically meant for seniors, which sometimes may not be suitable for families with children. Other options like housing for the disabled, housing for veterans, or rent-controlled housing do not share the same specific exception regarding familial status under the Fair Housing Act, which is why they do not qualify as the main exception in this context.