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Answer. The Federal Fair Housing Act (“FHA”) makes it unlawful for a housing provider to discriminate on the basis of race, color, national origin, religion, sex, disability, and familial status. The “familial status” protections in the FHA prohibit discrimination against families that have children under the age of 18.
Are 55+ communities discriminatory?
Are 55+ communities considered discriminatory? No. The Housing for Older Persons Act of 1995 allows for exemptions to the Fair Housing Act and its amendments with the idea of developing communities and facilities designed for those 55 and older.
Can landlords discriminate against families?
It is illegal for landlords to refuse to rent to you or in any way discriminate against you because you have children. For example, if you are a mother with three kids, a real estate agent cannot tell you that you would be overcrowded in an apartment but then rent the same place to four students.
What constitutes discrimination in housing?
In the Sale and Rental of Housing: It is illegal discrimination to take any of the following actions because of race, color, religion, sex, disability, familial status, or national origin: Refuse to rent or sell housing. Refuse to negotiate for housing. Otherwise make housing unavailable.
Who is protected under familial status?
Familial status covers: families with children under the age of 18, pregnant persons, and. any person in the process of securing legal custody of a minor child (including adoptive or foster parents).
Why are 55+ homes cheaper?
The primary reason that 55-and-over properties are cheaper is because of a smaller group of people that are looking to purchase and invest in them. Consider the ages of the overall population, those who are 55 and older comprise a more limited percentage. This plays on the economic principle of supply and demand.
Can communities restrict by age?
There are several categories of age-restricted communities, but the most common HOPA classification is for communities that restrict occupancy to those aged 55 or older. HOPA requires that the community be “intended and operated for occupancy by persons 55 years of age or older”.
Can a family of 3 live in a 1 bedroom apartment?
The federal guidelines generally accepted for valid occupancy limitations are a minimum of two persons per bedroom plus one. Therefore, in a one-bedroom apartment, for example, there can be three persons living there.
Can you say no children on a rental?
Can landlords refuse to rent to children? With a few exceptions that will be described shortly, the answer is no. The general rule in all 50 states is that you cannot discriminate against renters or applicants on the basis of family status due to the Fair Housing Act. Discouraging families with children from renting.
Can landlords discriminate on age?
The federal Fair Housing Act of 1968 and the federal Fair Housing Act Amendments Act of 1988 prohibit discrimination on the basis of the following criteria (called “protected categories”): race or color; religion; national origin; familial status or age—includes families with children under the age of 18 and pregnant.
What are fair housing rights?
It is illegal to discriminate in the sale or rental of housing, including against individuals seeking a mortgage or housing assistance, or in other housing-related activities. The Fair Housing Act prohibits this discrimination because of race, color, national origin, religion, sex, familial status, and disability.
How do I file a fair housing complaint?
You can speak with an FHEO intake specialist by calling 1-800-669-9777 or 1-800-877-8339. You can also call your regional FHEO office at the phone numbers on this list.
What is not protected under the Fair Housing Act?
Race, color, religion, sex, handicap, familial status, national origin. Although some interest groups have tried to lobby to include sexual orientation and marital status, these aren’t protected classes under the federal law, but are sometimes protected by certain local state fair housing laws.
What is discrimination against familial status?
Familial Status Housing Discrimination Under the FHA, familial status discrimination occurs when a landlord, property manager, real estate agent, or property owner treats someone differently because they have a family with one or more individuals who are under 18 years of age.
Which housing is exempt from the familial status protection under the Fair Housing Act?
A community qualifies as housing for older persons and is exempt from the prohibition against familial status discrimination if: 1) HUD has determined that it is specifically designed for and occupied by elderly persons under a federal, state or local government program; 2) it is 100% occupied by persons 62 or older;.
Why was familial status added to fair housing?
The Fair Housing Act (FHA) outlaws discrimination against tenants based on certain personal characteristics, commonly known as “protected classes.” The FHA added “familial status” as a protected class in 1989 to make sure that families with children aren’t treated differently when renting.
Is it worth living in a 55+ community?
Low- or no-maintenance exteriors: This is possibly the top selling point for people who choose an active adult community. Amenities: An active adult community will provide you with many opportunities to get exercise, socialize, and stay spry into your retirement years.
Is senior housing a good investment?
Since the 2008 recession, seniors housing has outperformed many other types of real estate and has established itself as a compelling asset class for investors. An underpublicized attraction of seniors housing is its rising utilization.
Can you rent in a 55+ community?
At 55places, we place rentals in one of three categories: Short-Term Rentals (Less than 3 months), Long-Term Rentals (6 to 12 months or more), and Weekend Getaways (try-before-you-buy). Because our agents are busy assisting potential buyers, we do not assist those looking for short-term rentals.
How does senior housing work?
Affordable senior housing properties are apartment communities offering rents that are reasonably priced to lower-income older adults and allow them to have money left each month to pay for other life necessities such as groceries. Some of these properties may also be open to younger adults with disabilities.
