What act allows housing communities to exclude occupancy by children when the property has been specifically designed and operated for seniors?

The Housing for Older Persons Act (HOPA) is the legislation that provides specific exemptions to the Fair Housing Act, allowing certain housing communities to legally exclude occupancy by children if they are designed and operated to serve older adults, typically those aged 55 and older. HOPA establishes guidelines to ensure that such communities genuinely cater to seniors, including maintaining a minimum percentage of residents who meet the age criteria and providing a manner of facilities and services tailored for that demographic.

This law effectively balances the intention of the Fair Housing Act, which aims to prevent discrimination in housing, with the need for housing options tailored to the unique requirements of older persons. Communities that qualify under HOPA may legally establish "age-restricted" environments, which often provide a range of services and amenities that are beneficial for older adults, thereby fostering an environment that supports their needs and preferences.