For many people, one appealing aspect of moving to a senior living community—such as a continuing care retirement community (CCRC) or life plan community—is the chance to live among neighbors who are at a similar stage of life. While diversity among neighbors can be valuable, some older adults prefer a community focused on retirement living. How do minimum age requirements in these communities work?
The laws permitting minimum age requirements
The Fair Housing Act (FHA), enacted as part of the Civil Rights Act of 1968, prohibits housing discrimination based on race, national origin, religion, sex, disability, or familial status (for example, the presence of children under 18 in a household). That raises a question: how are communities that require residents to be 55 or older allowed to operate under the FHA?
The U.S. Department of Housing and Urban Development (HUD), which sets housing regulations, created an exemption within the FHA through the Housing for Older Persons Act (HOPA). HOPA allows certain senior housing communities to lawfully restrict residency by age without being subject to age discrimination claims for people who fall below the community’s minimum age.
The specifics around HOPA exemptions
To qualify for HOPA protections, a housing community must meet one of the following conditions:
- Be designed and operated to house “elderly” persons as part of a state or federal housing program
- Be occupied solely by people aged 62 or older
- Be intended and operated for persons aged 55 or older (a “55 and over” community)
Communities that qualify as 55 and over must satisfy additional requirements. They must meet all of the following:
- At least 80 percent of the community’s occupied units must have at least one occupant who is 55 years of age or older.
- The community must maintain and follow published policies and procedures that demonstrate an intent to operate as housing for people 55 and older.
- The community must follow HUD’s rules for verifying residents’ ages every two years.
Age verification can be established using common documents such as a birth certificate, driver’s license, passport, immigration card, or military ID. HUD also allows a self-certification option when valid documentation is unavailable: prospective residents may assert, in a lease, application affidavit, or other signed statement, that at least one occupant of the household is 55 or older.
Communities can create their own rules as well
Once a community meets HOPA requirements, it may establish additional, more restrictive age rules so long as those rules comply with state law. For example, a community could require that every resident be over 55 or raise the age threshold for the 80 percent rule to 60.
It may seem like reverse age discrimination, given that ageism typically refers to bias against older people. The government allows age-restricted communities because many such communities existed before the FHA was passed; HOPA was created to let them continue operating.
Important exceptions to senior living communities’ age requirements
Under HOPA, communities can decline to sell or rent to applicants who do not meet the age requirement and can lawfully exclude residents who have custody of minor children. However, HOPA does not protect communities from liability for discrimination based on race, religion, disability, or other protected categories.
HOPA also requires exceptions in certain cases involving disability. For example, if an eligible older adult is the legal guardian of an adult child with a disability who does not meet the age requirement, the community must make a reasonable exception to its minimum age policy to accommodate the disabled person.
The rules are more flexible when a household contains one qualifying older adult and a younger spouse or partner. Most 55 and over communities require only that one household member be at least 55, so a younger spouse is usually permitted. By contrast, 62 and over communities typically require that all household members be at least 62, with limited exceptions for live-in aides, nurses, or other caregivers.
Age restrictions and intergenerational communities
Some 55 and over communities have adopted creative approaches that encourage intergenerational living. For example, a few communities permit a small number of college or graduate students with financial need to live rent-free in exchange for service contributions such as musical performances, teaching classes, or providing companionship. These intergenerational programs benefit both younger and older participants and can attract younger retirees by fostering a more diverse campus life.
Communities that allow younger residents in a portion of units must still maintain HOPA’s 80 percent standard. To preserve compliance, many communities limit the share of units without a resident over 55—often reserving only 10–20 percent of units for younger households—so they retain a buffer as older residents move away or pass on.
Is an age-restricted community right for you?
Living in a community where most neighbors are seniors appeals to many retirees. Such communities can provide social opportunities with peers, lower local crime rates, and in some states, reduced tax obligations related to funding schools—advantages that can be important for people on fixed incomes.
If you are considering an age-restricted community, understand the specific HUD/HOPA exemptions the community relies on before signing any agreement. These rules can affect your household, potential caregiving arrangements, and even the future resale of your home. Reviewing the community’s policies and comparing different senior living options will help you choose the fit that best meets your needs and preferences.