Getting Started
Lesson 1
Lesson 2
LESSON 3
LESSON 4
LESSON 5
LESSON 6
LESSON 7
LESSON 8
LESSON 9
LESSON 10
LESSON 11
LESSON 12
Course Summation
IDENTITY VERIFICATION LIVE

Federal Level: Senior Housing and Familial Status – A Fair Housing Act Exemption

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In this lesson, senior housing and the fair housing exemption attached to it is reviewed as well as the Housing for Older Persons Act (HOPA).

Lesson Learning Objectives

By the end of this lesson, you will be able to:

  • Identify senior housing’s fair housing exemption.
  • Explain the Housing for Older Persons Act (HOPA).

The Fair Housing Act includes an exemption to the provisions barring discrimination on the basis of familial status for those housing developments that qualify as housing for persons age 55 or older. Senior housing, or housing for older persons, can take the form of either 55-and-Over Housing or 62-and-Over Housing.

HUD has identified seven factors to help determine compliance with the intent requirement:

  • The manner in which the housing facility or community is described to prospective residents
  • Any advertising designed to attract prospective residents
  • Lease provisions
  • Written rules, regulations, covenants, deed, or other restrictions
  • The maintenance and consistent application of relevant procedures
  • Actual practices of the housing facility or community
  • Public posting of statements in common areas describing the facility or community as housing for persons 55 years of age or older

If the complex meets the legal standard for 55 or 62-and-over housing, then the complex does not have to rent to families with children.