Final answer:
A single mother with 2 small children may face restrictions when seeking to rent a unit in an all-elderly housing development due to the Housing for Older Persons Act (HOPA), if the development qualifies as 'senior housing'. If it does not meet the HOPA criteria, then it cannot lawfully discriminate against her based on familial status according to the Fair Housing Act of 1968.
Step-by-step explanation:
According to the Fair Housing Act, as amended in 1988, it is illegal to discriminate in the sale or rental of housing based on race, color, national origin, religion, sex, familial status, or handicap. In the context of an all-elderly housing development, where 80% of the units are occupied by persons over age 55, there are provisions under the Housing for Older Persons Act (HOPA) which exempt some senior housing from the prohibition against familial status discrimination. However, in order to qualify for this exemption, a community must ensure that at least one person who is 55 years of age or older occupies at least 80% of its occupied units, among other requirements.
If the housing development meets the criteria to qualify as senior housing under HOPA, it may legally refuse to rent a unit to a single mother with two small children. However, if the development does not meet the senior housing criteria fully, then it must comply with all aspects of the Fair Housing Act and cannot discriminate against the single mother based on her familial status.