Fair Housing: HOPA

HOUSING FOR OLDER PERSONS ACT

The 1988 Amendments to the Fair Housing Act exempt "housing for older persons" from the prohibitions against familial discrimination. This means that housing communities and facilities that meet the criteria for HOPA may legally exclude families with children. However, the exemption does not apply when other types of discrimination are alleged (such as race, national origin or disability).

Section 3607(b)(2) defines "housing for older persons" as housing:

(A) provided under any State or Federal program that the Secretary determines is specifically designed and operated to assist elderly persons (as defined in the State of Federal program); or

(B) intended for, and solely occupied by, persons 62 years of age or older; or

(C) intended and operated for occupancy by persons 55 years of age or older and –

(i) at least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older;

(ii) the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and

(iii) the housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall –

(I) provide for verification by reliable surveys and affidavits, and

(II) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.

Subsection (C) was changed by the Housing for Older Persons Act of 1995 to remove some of the uncertainties created by a provision on the 1988 Amendments that required the "existence of significant facilities and services specifically designed to meet the physical and social needs of older persons." The 1995 Amendments also provide for a good faith defense in an action for monetary damages under this subsection.

If you have questions about Fair Housing laws and enforcement, contact the King County Office of Civil Rights at 206-296-7592 or 206-296-7596 TTY.

Fair Housing | Fair Housing Services
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Updated: Mar. 26, 2007

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