What is the senior-housing exemption?

The federal Housing for Older Persons Act (HOPA) and California Civil Code §51.3 / §51.11 allow qualifying senior communities to lawfully limit occupancy by age. This is an exception to the Fair Housing Act and FEHA familial-status protections. Without qualifying, age-limiting is discriminatory.

What are the two qualifying frameworks?

62+ communities: 100% of residents must be 62 or older. 55+ communities: at least 80% of occupied units must have at least one occupant 55 or older, plus the community must publish and enforce age policies and conduct age-verification surveys. Both have specific documentation requirements.

What documentation is required?

Published age-restriction policies, lease and CC&R provisions reflecting them, age-verification surveys at intake and at least every two years, and procedures for the 80% threshold. Inadequate documentation invalidates the exemption.

What about children visiting?

Senior communities can limit children's visits to reasonable durations consistent with the senior-only policy. Outright prohibition of any visit by minors is questionable; reasonable time-limited guest policies are standard.

What about California-specific differences?

California Civil Code §51.3 covers 55+ communities with state-specific age-verification and structural requirements. Civil Code §51.11 covers 62+ qualifying as senior housing. Some California provisions are stricter than federal HOPA. Mixed-age units (caregiver + senior) have specific carve-outs.

HOPA · §51.3 · §51.11

Senior-housing exemption. HOPA + California overlay.

62+ requires 100% of residents 62+. 55+ requires 80% of units with someone 55+, plus published policies and age surveys. Without qualifying, age-limiting is familial-status discrimination.

TL;DR

HOPA + Civil Code §51.3 (55+) and §51.11 (62+). 55+: 80% threshold + age surveys + published policy. 62+: 100% threshold. Documentation is mandatory. Without it, the exemption fails and you face familial-status liability.

Fair Housing
Screening

Common questions — senior housing

What's the exemption?

HOPA + §51.3/§51.11; allowed age-limiting.

Two frameworks?

62+ (100%) and 55+ (80% + surveys).

Documentation?

Policy, lease/CCR, surveys, intake age-verify.

Children visiting?

Reasonable time-limited guest policies.

California specifics?

§51.3 and §51.11 add detail; sometimes stricter.