Can you Limit Your Rental Property to Seniors Only?
As most landlords know, citizens are protected under the Fair Housing Act (FHA) from housing discrimination (including rental housing) based on race, color, national origina, sex, family status, religion, or disability.
But if a senior apartment complex could no longer choose to not rent to families with young children, it would not be serving the needs of senior citizens. So in 1988, when Congress amended the FHA to include family status and disability, the intent to protect seniors’ housing remained.
Rental properties that meet the FHA definition of “housing for older persons” is exempt from the family status requirements, providing:
- HUD determines the dwelling is specifically designed for and occupied by elderly persons under a Federal, State or local government program, or
- It is occupied solely by persons who are age 62 or older, or
- It houses at least one person aged 55 or older in at least 80% of the occupied units and adheres to a policy that demonstrates intent to house persons who are 55 or older.
If your rental property satisfies the definition above, you can legally exclude families with children. You must, of course, follow the remaining guidelines of the Fair Housing Act.