Advertising Guidelines for Age-Restricted Communities Under the FHA
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.
Latest from NAHBNow
Apr 27, 2026
Housing’s ‘Silver Tsunami’ Is Coming, But It Won’t Hit Every MarketThe so-called “silver tsunami” describes the wave of millions of homes expected to hit the market as older Americans increasingly decide to sell their properties. However, industry experts are noting that this “tsunami” isn’t landing where it’s needed most.
Apr 24, 2026
Blueprint to 100: Industry Pulse Check Launches May 1Blueprint to 100 is NAHB's initiative to build an association that better meets industry needs as we approach the 100th anniversary of our founding. The Industry Pulse Check — launching Friday, May 1 — is our first step in this initiative to gain the insights we need to build an association that meets your needs.
Latest Economic News
Apr 23, 2026
The Silver Tsunami Isn’t Landing Where It’s Needed MostThe “silver tsunami” refers to the wave of housing inventory expected as older homeowners downsize or transition out of their homes. According to the latest American Community Survey, there are an estimated 61.2 million people in the U.S. aged 65 years or older, representing about 18% of the population.
Apr 22, 2026
State-Level Employment Situation: February 2026February’s labor market data point to a notable pullback in employment, with job losses concentrated across a majority of states and only modest gains elsewhere. While January showed solid momentum, February’s decline reflects emerging softness in hiring conditions, alongside uneven performance across the country.
Apr 21, 2026
Population Growth and Housing Supply Dynamics at the County Level in 2025U.S. population growth slowed notably in the latest Vintage 2025 population estimates from the U.S. Census Bureau, with the nation expanding by just 0.5% in 2025, roughly half the pace of the prior year. The deceleration was primarily driven by a sharp decline in net international migration (NIM), which dropped from 2.7 million to 1.3 million, while natural change remained relatively stable.