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
Jul 28, 2026
High-Density Building Completions Hold Highest Multifamily Market Share in 2025For the ninth consecutive year, most new multifamily units were in buildings with 50 or more units (labeled as high-density buildings) at 57%, the highest share since 2021.
Jul 27, 2026
Building A Resilient Home from the Ground Up With Climate Responsive DesignAs climate pressures intensify, builders are being asked to deliver homes that perform under more challenging conditions. The most effective place to start is at the site and planning level, where architects, engineers and builders work together.
Latest Economic News
Jul 28, 2026
How a Home Purchase Boosts Consumer SpendingThe housing market has changed greatly since the COVID-19 pandemic, along with consumer spending behaviors. During this period, housing demand surged, home prices appreciated rapidly, inflation increased, supply-chain disruptions happened, and mortgage rates moved from historic lows to elevated levels.
Jul 28, 2026
Median Lot Value Stabilizes as Regional Trends DivergeFollowing a multi-year run of record highs, the national median lot value for single-family detached spec homes largely stabilized in 2025. According to NAHB’s analysis of the Census Bureau’s Survey of Construction (SOC), the U.S. median lot value for homes started in 2025 was $59,000, compared with $60,000 a year earlier.
Jul 27, 2026
Share of Apartments Built in Buildings with 50+ Units Moves Higher in 2025Following the highest number of multifamily completions in nearly 40 years in 2024, completions declined in 2025 to 484,000, according to NAHB analysis of the Census Bureau’s Survey of Construction. For the ninth consecutive year, a majority of new multifamily units were in buildings with 50 or more units (labeled as high-density buildings) at 57%, the highest share since 2021.