Title VIII of the Civil Rights Act of 1968 (commonly called the Fair Housing Act) as amended in 1988, prohibits discrimination in any aspect of housing based on race, color, national origin, religion, sex, disability or familial status (the presence of a child under 18 in a household). However, the same law contains a provision exempting "senior" housing or "housing for older persons" from the familial status provision of the Act. This means that age-restricted communities can lawfully discriminate against households with kids when doing such would normally be a problem. These age-restricted communities are often referred to as "55+" communities, retirement communities or "active adult" communities.
The Housing for Older Persons Act (HOPA) was signed into law by then-President Clinton in December of 1995. HOPA provided the specific requirements and rules for properties to operate as age-restricted communities.
Presently, to qualify as an exempt property: 1) 80% of the occupied units must be occupied by someone 55 years of age or older; 2) the owner or management of the community must publish and adhere to policies and procedures that demonstrate an intent to provide housing for persons 55 years or older; and 3) the community must comply with rules issued by HUD for verification of occupancy through reliable surveys and affidavits.
There are generally lots of questions about the ins and outs of operating as an age-restricted community and lots of "what ifs...". For more information or to arrange a training for a Board or for staff, contact us at 520-798-1568 or toll free at 888-624-4611. All of SWFHC's programs and services are offered free of charge. For additional information on 55+ communities, click on the link from the list on the top right side of this page.
