Real Estate, Legal Discrimination Regarding Housing

Jordan, Gfroerer & Weddleton - Attorney's at Law

GRANITE LAW

Home

Accidents &
Personal Injury

Bankruptcy

Consumer Law

Criminal Law

Divorce &
Family Law

Estates

Real Estate

Small Business

Wills & Powers
of Attorney

Workers' Compensation

About the Firm

Our Expertise

Our Attorneys

Our Clients

Legal Tidbits

Recent Cases

News

Links

Legal Discrimination Regarding Housing

Sometimes discrimination can serve a good purpose. For example, although the Fair Housing Act (FHAct) protects all citizens from discrimination on the basis of race, color, national origin, religion, sex, handicap or familial status (families with children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under the age of 18), there is an exemption for "Senior Housing."

Although the FHAct was amended in 1988 to prohibit discrimination on the basis of disability and familial status, Congress intended to preserve housing specifically designed to meet the needs of older persons. Such housing that meets the FHAct definition of "housing for older persons" is exempt from the law's familial status requirements, provided that:

HUD has determined that the dwelling is specifically designed for and occupied by elderly persons under a Federal, State or local government program; or
It is occupied solely by persons who are 62 or older; or
It houses at least one person who is 55 or older in at least eighty percent (80%) of the occupied units, and adheres to a policy that demonstrates intent to house persons who are 55 or older.

Therefore, housing that satisfies the legal definition of senior housing or housing for older persons described above, can legally exclude families with children.

Want More Information?

If you would like more information on this subject or if you have a specific question about this subject, feel free to call Attorney Roy Weddleton at (603) 228-1151 or e-mail him at roy@granitelaw.com.

Page Top

Jordan, Gfroerer & Weddleton - Attorneys at Law
Four Park Street, Suite 405, Concord, NH 03301-6329
v: 603.228.1151 f: 603.224.2686 e: info@granitelaw.com w: granitelaw.com