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The Fair Housing Act: Exemptions for Older Persons

The Fair Housing Act (FHA) was enacted in 1968 to protect individuals from housing discrimination based on race, color, national origin, religion, sex, familial status, and disability. However, there are certain exemptions under the law. One such exemption is “housing for older persons.”


The Exemption

The Housing for Older Persons exemption applies to the following housing:

  • Provided under any state or federal program that the Secretary of HUD has determined to be specifically designed and operated to assist elderly persons (as defined in the state or federal program);

  • Intended for, and solely occupied by persons 62 years of age or older; or

  • Intended and operated for occupancy by persons 55 years of age or older (this is the most common).

Qualifying for “55 or Older”

To qualify for the "55 or older" housing exemption, a facility or community must satisfy all of the following requirements:

  • At least 80 percent of the units must have at least one occupant who is 55 years of age or older; and

  • The facility or community must publish and adhere to policies and procedures that demonstrate the intent to operate as "55 or older" housing; and

  • The facility or community must comply with HUD's regulatory requirements for age verification of residents.

This exemption allows for senior living facilities to exist without having to worry about familial status discrimination claims. These facilities can be designed to meet the unique needs of older individuals. It’s important to note though, that these exemptions are not absolute. The housing facility must still adhere to other provisions of the FHA, as the exemption does not protect against liability for housing discrimination based on race, color, religion, sex, disability, or national origin.

Resources

To learn more, visit the following sites:


This information is provided for educational purposes only and should not be construed as legal advice or representation and should not be relied upon as such. Broward, Palm Beaches & St. Lucie Realtors® and its affiliated companies cannot provide legal advice or opine about the specifics of your situation.

Questions? Contact the Legal Hotline