Advertising Guidelines for Age-Restricted Communities Under the FHA

55+ Housing
Published

The Fair Housing Act of 1968 (FHA) protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. The FHA initially prohibited discrimination on the basis of race, color, national origin, religion and sex. It was later expanded to cover disability and familial status (e.g., families with children under the age of 18, pregnant woman).

In 1995, Congress addressed the prohibition against familial status discrimination and age-restricted housing through passage of the Housing for Older People Act (HOPA), which exempts three categories of housing from liability for familial status discrimination:

  • Housing with federally assisted programs in place for older persons
  • Housing intended for, and solely occupied by persons 62 years of age or older
  • Housing intended and operated for occupancy by persons 55 years of age or older

A recent 55+ Housing Industry Council Shop Talk discussion focused on how the familial status protected class and the HOPA exemption affect advertising for age-restricted communities following a 2019 case against Facebook regarding its targeting practices. The case, brought forward by the National Fair Housing Alliance, determined that “Facebook’s classification of its users and its ad targeting tools permit landlords, developers, and housing service providers to limit the audience for their ads based on sex, religion, familial status, and national origin in violation of the FHA.”

The U.S. Department of Housing and Urban Development (HUD) filed its own charges against Facebook in 2019 for “encouraging, enabling and causing housing discrimination.”

Facebook has since removed these tools and changed its policy; however, housing providers can still be subject to lawsuits if they advertise without first qualifying for the HOPA exemption. For example, to qualify for “55 or older” housing, the owner or manager must have policies in place demonstrating the intent to operate as “55 or older” housing, rules for age verification and at least 80% of the units must have at least one occupant who is 55 years of age. Without such policies, the community or development in question could be found in violation of the FHA and subject to significant penalties.

Certain words or phrases, such as “active adult,” may draw additional attention to potential violations. Advertising should be carefully reviewed to ensure that it does not misrepresent any restrictions on who may apply for or purchase units.

For more information on this topic, contact Jeff Augello.

For more information on the 55+ Housing Industry Council, contact Joseph McGaw.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Advocacy

Nov 20, 2025

New WOTUS Rule Brings Clarity to Permitting Process

In a move championed by NAHB, the Environmental Protection Agency and U.S. Army Corps of Engineers have announced a proposed updated definition of “waters of the United States” (WOTUS).

Economics

Nov 20, 2025

Remodeling Growth Drives Uptick in Residential Construction Spending

Private residential construction spending inched up 0.8% in August, continuing steady growth since June 2025, primarily driven by more spending on multifamily construction and home remodeling.

View all

Latest Economic News

Economics

Nov 19, 2025

Affordability Impacts: Young Adults Are Once Again Moving Back Home

The share of young adults living with parents increased in 2024, interrupting the post-pandemic trend of moving out of parental homes.

Economics

Nov 18, 2025

Location, Location, Location: How Place and Neighborhood Shape Home Values

The value of a single-family home depends not only on its physical features but also on its location and neighborhood context.

Economics

Nov 18, 2025

Builder Sentiment Relatively Flat in November as Market Headwinds Persist

Market uncertainty exacerbated by the government shutdown along with economic uncertainty stemming from tariffs and rising construction costs kept builder confidence firmly in negative territory in November.