When is it legal for a housing community to restrict occupancy to older individuals?

It is legal for a housing community to restrict occupancy to older individuals when all occupants are 62 years or older. This provision falls under the federal Fair Housing Act, which allows for designated housing for older persons, particularly under the Housing for Older Persons Act (HOPA). This act aims to ensure that communities can provide a living environment specifically designed for seniors, recognizing the unique needs and preferences of older individuals.

Communities that meet this requirement must ensure that at least 80% of the units have at least one occupant who is 55 years of age or older, or they may choose to limit occupancy strictly to those who are 62 years or older. This legal framework allows senior living communities to create a focused environment that fosters social interaction among residents of similar ages, which can enhance the quality of life for older adults.

The other options do not align with the legal criteria established for age-restricted housing. Charging fees, being family-designed, or proximity to schools does not establish a legal basis for restricting occupancy to older individuals under fair housing laws.