If you’ve ever browsed rental listings or looked into housing options for older adults, you’ve probably come across the term “55+ community.” These communities are often marketed as quiet, active places designed specifically for older adults. But many people are surprised to learn that age-restricted communities can legally exclude children from living there. Isn’t that a form of discrimination?
Yes – and no. Fair housing laws do prohibit discrimination against families with children in housing. But an exemption under the Housing for Older Persons Act (HOPA) allows certain communities to restrict residency to adults aged over 55 and older or ages 62 and older, as long as the communities meet specific legal requirements.
The Fair Housing Act prohibits discrimination in housing based on “familial status.” Familial status includes having children under the age of 18, pregnancy, or being in the process of obtaining custody or guardianship of a minor. In 1995, Congress passed the Housing for Older Persons Act (HOPA), which created an exemption to the Fair Housing Act’s protections for families with children. The HOPA exemption allows certain senior housing communities to legally exclude families with children if they meet specific criteria.
There are three types of housing that may qualify for this exemption:
- 62+ Communities – Every resident must be at least 62 years old.
- 55+ Communities – At least 80% of the occupied units must have at least one resident who is 55 or older.
- State or federally funded elderly housing – such as Section 202 supportive housing programs for the elderly.
Most adult-only communities fall into the 55+ category. To qualify for the 55+ exemption under HOPA, a community must meet all of the following requirements:
- Occupancy Rule: At least 80% of the occupied units must have at least one resdient aged 55 or older.
- Intent to Operate as 55+: The community must have written policies and rules that clearly state it is intended for older adults.
- Verification: The ages of residents must be verified with reliable documentation (like a government-issued ID) at least once every two years to ensure that that community continually complies with the HOPA age requirements.
If a community is fully HOPA-compliant, it may refuse to rent or sell to families with children under 18, enforce rules that prohibit children from living in the community, and take legal action (such as eviction) if a child moves in and violates age restrictions. However, if a community fails to meet even one of these requirements, they lose their legal right to exclude families with children and must follow the same rules as any other housing provider under the Fair Housing Act.
What happens when someone who already lives in an age-restricted community experiences a change in household such as an adult member of the household becoming pregnant or gaining custody of a grandchild? If the community is fully compliant with HOPA, it can enforce rules that prohibit children as full-time residents. But each HOPA-compliant community has the discretion to adopt their own rules for such situations. Some communities allow a grace period after the birth of a child (often 6 months to a year). Some communities allow temporary stays by children (like summer visits or emergencies) and exceptions for guardianship or custodial arrangements. Other communities have strict policies with no exceptions. In cases where a resident adopts a child, takes in a grandchild, or allows a partner to move in who has children, the community may issue a notice of violation. Depending on the bylaws, the resident could be asked to find alternate housing or, in some cases, may face eviction proceedings.
If you are considering moving into a 55+ community, or if you already live in one, it’s important to understand whether the community is actually HOPA-compliant, what the HOA or lease agreement says about age restrictions, and how the community handles pregnancy, custody changes, and visitors under 18. Always request a copy of the community’s policies and ask how they verify and enforce age requirements. If your household’s circumstances change, notify the community early to avoid unexpected issues and to allow yourself time to plan ahead.
If you believe you’ve been treated unfairly or have been denied housing because of pregnancy or children in your household, you may have standing to file a formal complaint under the Fair Housing Act if the property does not fall under the Housing for Older Persons Act or if it cannot demonstrate full up-to-date compliance with all requirements to qualify as age-restricted. HOPA was designed to protect the character of senior living environments, not to create loopholes for discrimination. The HOPA exemption only applies to familial status. Age-restricted communities are still prohibited from discriminating based on race, color, national origin, sex, religion, or disability just like any other housing provider. For more information about what to do if you think you have experienced housing discrimination click here. To report housing discrimination, click here.
