Age Restrictions
Rules that limit residency based on the age of occupants. The most common form is a 55-and-older community under the Housing for Older Persons Act (HOPA), which requires at least 80% of occupied units to have at least one resident aged 55 or older. Age-restricted communities must comply with specific federal requirements to qualify for the exemption from familial status discrimination protections under the Fair Housing Act.
Common Misunderstanding
A community cannot simply declare itself "55 and older." It must meet specific federal requirements under HOPA, including the 80% occupancy threshold and published policies, to legally enforce age restrictions.
Related Terms
Frequently Asked Questions
Can an HOA restrict who can live in my home based on age?
Only if the community qualifies as a 55-and-older community under the Housing for Older Persons Act (HOPA). To qualify, at least 80% of occupied units must have at least one resident aged 55 or older, and the community must publish and adhere to policies demonstrating intent to be a senior community. Without this qualification, age restrictions violate the Fair Housing Act's familial status protections.