housing for older persons act (HOPA) (55 & older)

"55 & Older" communities

HOPA exists as a way to let communities with older residents (55 and older) have rules that might otherwise discriminate against families and children under 18. 

The Fair Housing Act prohibits discrimination based on “familial status.”  In other words, it prevents an HOA from having any sort of rule or restriction that singles out children under 18 in any way (except in very limited circumstances).

A project that qualifies as "housing for older persons’’ is exempt from the Fair Housing Act’s prohibitions against familial status discrimination.  So, such a 55 and older community can, for instance, have a restriction prohibiting children completely.

“Housing for older persons” is housing

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Statutes and Cases:

(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)

HOPA Summary and Q & A
Housing for Older Persons Act (HOPA) 42 USC § 3607
Implementation of HOPA at 24 CFR Part 100 (HOPA Rules)