Housing For Older Persons Act (HOPA) (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 intended and operated for occupancy by persons 55 years of age or older which satisfies certain criteria.  A community seeking to claim the 55 and older exemption must meet certain requirements as explained in more detail in HOPA Summary and Q & A.