The Fair Housing Act prohibits landlords from discriminating against tenants based on several characteristics, including age. This means that a landlord cannot refuse to rent to someone, or charge them more rent, because of their age. The law also prohibits landlords from harassing tenants because of their age, or from making it difficult for them to enjoy their housing. If you believe you have been discriminated against by a landlord because of your age, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Age Discrimination in Housing Act
The Age Discrimination in Housing Act (ADHA) is a federal law that prohibits discrimination in housing based on age. This means that landlords and property managers cannot refuse to rent or sell housing to someone because of their age, and they cannot treat someone differently based on their age when it comes to housing.
The ADHA applies to all housing, including apartments, houses, mobile homes, and nursing homes. It also applies to all aspects of housing, including renting, selling, advertising, and financing.
Prohibited Acts Under the ADHA
- Refusing to rent or sell housing to someone because of their age
- Setting different terms or conditions for housing based on age
- Treating someone differently based on their age when it comes to housing
- Harassing someone because of their age
- Retaliating against someone for exercising their rights under the ADHA
Exceptions to the ADHA
There are a few exceptions to the ADHA. For example, landlords can discriminate against people under the age of 18 if they are renting housing to families with children. Landlords can also discriminate against people over the age of 65 if they are renting housing in a senior citizen community.
Filing a Complaint
If you believe that you have been discriminated against under the ADHA, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD will investigate your complaint and may take action against the landlord or property manager if they find evidence of discrimination.
| Discriminatory Action | Legal or Not |
|---|---|
| Landlord refuses to rent an apartment to a 65-year-old woman because she is too old | Not legal |
| Landlord charges a higher security deposit for a 25-year-old tenant than for a 45-year-old tenant | Not legal |
| Landlord refuses to make reasonable accommodations for a disabled tenant who is 70 years old | Not legal |
| Landlord harasses a tenant who is 80 years old by calling her names and making fun of her age | Not legal |
Fair Housing Act (FHA)
The Fair Housing Act (FHA) is a federal law that protects people from discrimination in housing. The FHA prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. Age is not a protected class under the FHA.
However, some state and local laws protect people from housing discrimination based on age. These laws may vary from state to state and city to city.
State and Local Laws
- California: The California Fair Employment and Housing Act (FEHA) prohibits discrimination in housing based on age, among other things.
- New York: The New York State Human Rights Law prohibits discrimination in housing based on age, among other things.
- Washington: The Washington Law Against Discrimination prohibits discrimination in housing based on age, among other things.
These are just a few examples of state and local laws that protect people from housing discrimination based on age. To find out if your state or city has a law that protects people from housing discrimination based on age, you can contact your local fair housing agency.
Protections for Older Adults
In addition to the FHA and state and local laws, there are a number of federal programs that provide housing assistance to older adults. These programs include:
- Section 202 Supportive Housing for the Elderly: This program provides rental assistance to low-income elderly people.
- Section 8 Housing Choice Voucher Program: This program provides rental assistance to low-income families and individuals, including older adults.
- Older Americans Act: This program provides funding for a variety of services for older adults, including housing assistance.
These programs can help older adults find affordable housing and live independently.
Conclusion
While the FHA does not protect people from housing discrimination based on age, there are a number of state and local laws that do. Additionally, there are a number of federal programs that provide housing assistance to older adults. If you believe that you have been discriminated against in housing based on your age, you should contact your local fair housing agency or the U.S. Department of Housing and Urban Development (HUD).
Exemptions and Exceptions to Age Discrimination in Housing
The Fair Housing Act (FHA) prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status. Age is not explicitly included as a protected class under the FHA. However, there are some exemptions and exceptions to this rule.
Exemptions
- Housing for Older Persons
- Housing for Students
- Housing for Religious Organizations
- Housing for Military Personnel
Landlords can restrict occupancy in housing developments to persons who are 55 years of age or older, or 62 years of age or older if the development meets certain requirements. These requirements include providing supportive services, such as meals, transportation, and healthcare, and maintaining a community center or other common areas for social and recreational activities.
Landlords can restrict occupancy in student housing to students who are enrolled in a college or university. This exemption applies to both on-campus and off-campus housing.
Religious organizations can restrict occupancy in their housing to members of their religion. This exemption applies to housing that is owned or operated by a religious organization, such as a church, synagogue, or monastery.
The FHA does not apply to housing that is provided to military personnel as part of their military service. This exemption includes housing that is located on military bases and housing that is provided to military personnel off-base.
Exceptions
- Discrimination Against Minors
- Discrimination Based on Familial Status
Landlords can discriminate against minors (persons under the age of 18) in housing. This is because minors are not considered to be a protected class under the FHA.
Landlords cannot discriminate against families with children in housing. This is because familial status is a protected class under the FHA. However, landlords can restrict occupancy in certain types of housing, such as senior housing or housing for students, to adults only.
| Exemption | Exception |
|---|---|
| Housing for Older Persons | Discrimination Against Minors |
| Housing for Students | Discrimination Based on Familial Status |
| Housing for Religious Organizations | |
| Housing for Military Personnel |
Age Discrimination in Housing
The Fair Housing Act of 1968 protects individuals from discrimination in housing based on several factors, including age. This means that landlords cannot refuse to rent to someone or treat them differently because of their age. Landlords are also prohibited from imposing different terms or conditions on a lease based on age.
Examples of Age Discrimination in Housing
Here are some examples of age discrimination in housing:
- Refusing to rent to someone because they are too old or too young
- Charging a higher rent or security deposit to someone because of their age
- Imposing different terms or conditions on a lease for someone because of their age
- Harassing or intimidating someone because of their age
- Evicting someone from their home because of their age
If you believe you have been discriminated against because of your age in housing, you should file a complaint with the Fair Housing Council.
| Protected Classes under the Fair Housing Act |
|---|
| Race |
| Color |
| National Origin |
| Religion |
| Sex |
| Familial Status |
| Disability |
| Age |
The Fair Housing Council is a non-profit organization that works to eliminate housing discrimination. They can provide you with information about your rights, help you file a complaint, and represent you in court if necessary.
You can also file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD is the federal agency responsible for enforcing the Fair Housing Act.
Thank you for embarking on this journey of legal inquiry with us, dear reader. We hope you found this dive into the nuances of age discrimination in housing both educational and engaging. If you’re curious to dive deeper into other legal rabbit holes, be sure to swing by again soon. Our dedicated team is constantly spinning out fresh yarns of legal enlightenment, just waiting to tickle your intellectual fancy. Until then, may your tenancy agreements be free of discriminatory entanglements!