Understanding the Law: Is age-restricted housing legal?

According to HUD, thousands of communities across the U.S. legally offer housing with age restrictions, but many people mistakenly believe this is discriminatory. This article answers the important question: Is age-restricted housing legal?

Quick Summary

Age-restricted housing is legal under federal law due to the Housing for Older Persons Act (HOPA), which provides an exemption to the Fair Housing Act, allowing communities to enforce age limits if specific requirements are met.

Key Points

• Legally Permissible: Age-restricted housing is legal under federal law due to an exemption for senior housing provided by the Housing for Older Persons Act (HOPA).

• 80/20 Rule: For 55+ communities, HOPA requires that at least 80% of occupied units have one resident aged 55 or older.

• Specific Rules Vary: While HOPA provides the legal basis, individual communities set their own specific rules regarding younger occupants, visitors, and guest stays.

• Strict Enforcement is Key: A community must consistently enforce its age restrictions and conduct regular age verifications to maintain its HOPA exemption.

• Other Protections Still Apply: The HOPA exemption only covers familial status discrimination; all other fair housing protections, like those for race or disability, remain in effect.

The Fair Housing Act and the HOPA Exemption

The Fair Housing Act (FHA) prohibits discrimination in housing based on factors including familial status (the presence of children under 18). However, the Housing for Older Persons Act (HOPA) in 1995 created an exception for senior housing. HOPA allows communities to operate with age restrictions if they meet specific criteria.

Requirements for a Legal 55+ Community

For a community to be considered "housing for older persons" under HOPA, it must meet three key requirements. These include the 80/20 Rule, which mandates that at least 80% of occupied units must have at least one person aged 55 or older. Communities must also demonstrate the Intent to Operate as senior housing through published policies and have a system for Age Verification, typically updated every two years.

Living with Younger Family Members

Community rules determine who else can live in a 55+ community.

• Spouses and Partners: Younger spouses or partners are often allowed if one resident is 55 or older, with minimum age requirements for the younger partner varying by community.
• Adult Children: Some communities permit adult children (often 18+) to live with a senior resident, subject to community rules and the 80/20 ratio.
• Minors and Grandchildren: Full-time residence for children under 18 is generally prohibited. However, short visits from grandchildren are typically allowed, though duration and frequency may be restricted.

Community-Specific Rules and Enforcement

A community's Homeowners Association (HOA) is responsible for enforcing age restrictions. Consistent enforcement is necessary to maintain the HOPA exemption and avoid familial status discrimination claims.

HOPA Exemption Comparison

HOPA recognizes different types of age-restricted communities:

Feature	55-and-Older Community	62-and-Older Community
Age Requirement	At least one resident per household must be 55 or older in at least 80% of the occupied units.	All residents must be 62 or older, with exceptions for disability caregivers.
Verification	Requires regular age verification, typically every two years.	Also requires reliable age verification.
Additional Policies	Must have policies showing intent for senior housing.	Less common, may apply to certain care facilities.

What to Know Before Moving

While HOPA allows age restrictions, communities cannot discriminate based on race, color, religion, sex, national origin, or disability. State and local laws might also offer additional protections or stricter age rules. Always review federal, local, and community-specific rules before moving.

Conclusion

Is age-restricted housing legal? Yes, if the community strictly follows the Housing for Older Persons Act regulations. HOPA permits communities tailored for older adults while upholding other fair housing principles. Understanding these legal aspects is vital when considering age-restricted living.

For more information on HOPA and fair housing, visit {Link: HUD website https://www.hud.gov/}.

Frequently Asked Questions

What is the Housing for Older Persons Act (HOPA)?

The Housing for Older Persons Act (HOPA) is a federal law passed in 1995 that provides an exemption for qualified senior housing communities from the Fair Housing Act's prohibitions against familial status discrimination.

Does the 80/20 rule mean 20% of residents can be under 55?

The 80/20 rule is a minimum requirement, meaning at least 80% of occupied units must have at least one 55+ resident. This leaves the other 20% of units without a specific federal age requirement, though communities can impose their own stricter rules.

Can my spouse live with me in a 55+ community if they are under 55?

In many 55+ communities, a younger spouse or partner is permitted to live with a qualifying senior, as long as one person in the household meets the age requirement. Community rules typically specify the minimum age for the younger resident.

What happens if a community doesn't follow the HOPA rules?

A community that fails to enforce its age restrictions or comply with other HOPA requirements risks losing its exemption from the Fair Housing Act. This could expose the community to legal challenges regarding familial status discrimination.

Can my grandchildren visit me in a 55+ community?

Yes, short-term visits from grandchildren are generally permitted in 55+ communities. However, most communities have rules regarding the duration and frequency of such visits, often outlined in their governing documents.

Is discrimination based on age still possible in non-restricted housing?

The Fair Housing Act does not explicitly list age as a protected class at the federal level, but state and local laws may prohibit age discrimination in housing. Additionally, other forms of discrimination, like against families with children, are protected by the FHA in non-restricted housing.

Does a community's Homeowners Association (HOA) have a say in the age rules?

Yes, an HOA is responsible for enforcing the community's governing documents, including its age restrictions. The HOA's rules must meet or exceed federal HOPA requirements and are crucial to maintaining the community's legal status.