Academy/Fair Housing & Owner Rights
HOPA basics
The narrow federal exemption that lets a 55-and-older community exclude households with children, and what it takes to keep it.
HOPA, the Housing for Older Persons Act, lets a qualifying 55-and-older community lawfully exclude households with children from familial-status protections. Qualifying takes more than a marketing label: at least 80 percent of occupied units need a resident 55 or older, the community must publish policies proving that intent, and it must reverify occupancy age at least every two years.
The 80/20 rule, and the paperwork that proves it
Calling a community "55 and older" in a brochure does not, by itself, make familial-status protections go away. The exemption has two ongoing conditions, and a board has to meet both, not just one.
The first is an occupancy count: at least 80 percent of occupied units must have at least one resident aged 55 or older. The second is intent, documented and standing: the community must publish and follow policies that show it is actually operated for older residents, not merely marketed that way.
"Intended and operated for occupancy by persons 55 years of age or older, and (i) at least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older."
Source: Fair Housing Act, 42 U.S.C. § 3607(b)(2)(C), U.S. Congress (Cornell Legal Information Institute)
Both conditions have to stay true. A community that drifts under 80 percent, or that never wrote down policies demonstrating its intent, is not exempt no matter what its marketing says.
Proving age: acceptable documents and the two-year clock
A board cannot demand any document it likes to verify a resident's age. The list of acceptable proof is specific, and so is how often the board has to check.
| Acceptable proof of age |
|---|
| Driver's license |
| Birth certificate |
| Passport |
| Immigration card |
| Military identification |
| Another government-issued document with a comparably reliable birth date |
| A signed certification in a lease, application, or affidavit from an adult household member |
A one-time check when a resident moves in is not enough. The community has to keep checking.
"At least once every two years."
Source: Fair Housing regulations, 24 CFR § 100.307, U.S. Department of Housing and Urban Development
What HOPA doesn't do
HOPA exempts a qualifying community from familial-status protections only, the class covering households with children. It does not touch any other protected class. A resident's race, religion, national origin, sex, or disability is protected in a 55-and-older community exactly as it is anywhere else.
How HOPA interacts with a specific resident's disability accommodation, for example a live-in caregiver under 55, is not settled by federal guidance reviewed for this Course. Ask counsel before treating a caregiver's age as automatically disqualifying.
Whether your state's HOA or condominium statute allows an age-restricted designation at all, and what it requires beyond HOPA, varies by state. Confirm with your state statute and your governing documents before adopting or relying on an age restriction.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
A community's brochures have called it "55 and older" for years, but the board has never counted what share of occupied units have a resident 55 or older. Is the community exempt from familial-status protections?
A new owner has no driver's license, birth certificate, or passport on hand. What can still satisfy HOPA's age verification requirement?
The board last verified occupancy age percentages in 2020 and has not checked since. Is the community's HOPA exemption still solid in 2026?
Sources
- Fair Housing Act, 42 U.S.C. §§ 3601-3619, U.S. Congress (Cornell Legal Information Institute)
- Fair Housing regulations, 24 CFR Part 100, U.S. Department of Housing and Urban Development
Related elsewhere in the Academy
Fair Housing & Owner Rights
Next, see how the same familial-status protections HOPA exempts you from work in a community that isn't age-restricted: Familial-status issues.
Whether your state's HOA statute permits an age-restricted designation, and what recordkeeping it requires beyond HOPA, varies by state. How HOPA's familial-status exemption interacts with a resident's disability accommodation needs is not settled by the guidance reviewed here.