Certain housing for older persons is exempt from the familial status protection under the Fair Housing Act.  Requirements for a community with the status of “housing for older persons” are as follows:


  1. The housing must be designed and operated to assist elderly persons and is intended for, and solely occupied by, persons 62 years of age or older, or

  2. The housing is intended and operated for occupancy by persons 55 years of age or older who meet these requirements:  Heritage Lake sign

    • At least 80 percent of the occupied units are occupied by at least one person 55 years of age or older.
    • The facility or community publishes and adheres to policies and procedures that demonstrate its intent to in fact be a provider of housing for older persons.
    • The facility or community complies with rules established by HUD for verification of occupancy.