Senior Housing

See downloadable list:

The Fair Housing Act (FHAct) protects all residents from discrimination on the basis of race, color, national origin, religion, sex, handicap or familial status (families with children under the age of 18 living with parents or legal guardians; pregnant women and people trying to get custody of children under 18).

The "Housing for Older Persons" Exemption: The Fair Housing Act specifically exempts some senior housing facilities and communities from liability for familial status discrimination. Exempt senior housing facilities or communities can lawfully refuse to sell or rent dwellings to families with minor children. In order to qualify for the "housing for older persons" exemption, a facility or community must prove that its housing is:

  • Provided under any State or Federal program that HUD has determined to be specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or
  • Intended for, and solely occupied by persons 62 years of age or older; or
  • Intended and operated for occupancy by persons 55 years of age or older.
  • In order to qualify for the "55 or older" housing exemption, a facility or community must satisfy each of the following requirements:
  • At least 80 percent of the units must have at least one occupant who is 55 years of age or older; and
  • The facility or community must publish and adhere to policies and procedures that demonstrate the intent to operate as "55 or older" housing; and
  • The facility or community must comply with HUD's regulatory requirements for age verification of residents.

The "housing for older persons" exemption does not protect senior housing facilities or communities from liability for housing discrimination based on race, color, religion, sex, disability, or national origin. See a list of Fort Wayne senior housing here.

~ Information above on each program was digested from the HUD.gov website

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