FHA Familial Status vs. Senior Housing (HOPA): What Agents Must Know
Bottom line: The federal Fair Housing Act (FHA) forbids discrimination in housing based on race, color, religion, sex, national origin, disability, and familial status. “Familial status” protects households with children under 18—and also covers people who are pregnant or securing custody of a minor. Senior‑housing carve‑outs exist, but they are narrow and must be proven.
When the FHA applies
The FHA covers most providers involved in housing: owners, landlords, sellers, property managers, real estate companies (and agents), HOAs/condo associations (when enforcing community rules), lenders, and others involved in making housing available. In practice: if your actions impact whether, how, or on what terms someone can obtain housing, assume the FHA applies.
Familial status: what’s protected
- Families with one or more children under 18 living in the home
- People who are pregnant
- People in the process of obtaining legal custody (adoption, foster, guardianship)
Common pitfalls: “adults‑only” advertising (unless a valid senior‑housing exemption applies), steering families away from certain buildings or amenities, or imposing special rules that target children.
Senior housing (HOPA) exemptions
Communities may lawfully exclude children only if they qualify as “housing for older persons” under HOPA. An exemption from familial status discrimination exists if a community is:
- 62+ housing: All occupants are 62 or older; or
- 55+ housing: At least 80% of occupied units have one resident age 55+, and the community publishes and adheres to policies showing an intent to operate as 55+ and follows HUD’s age‑verification procedures; or
- Government‑assisted elderly housing: A state or federal program specifically designed for older persons.
Labels aren’t enough. A community that merely calls itself “senior” but can’t document the 80% threshold, policies, and age‑verification will not qualify.
Quick agent checklist
- Avoid “no kids” or “adults only” language unless you have verified a valid HOPA exemption.
- For 55+ communities, confirm: 80% rule, written policies, and current age‑verification records.
- Remember: age itself isn’t a federally protected class under the FHA; familial status is. (Arizona or local laws may add additional protections—check your local counsel.)
- When in doubt, document and escalate: ask the broker, and consider legal counsel.
Need clarity? At 1912 Realty we train agents to apply the rules correctly—protecting clients, deals, and your license. Schedule a confidential conversation with John.