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 09, 2026
NAHB Mourns the Passing of Nicolas “Nick” P. Retsinas

Nicolas “Nick” P. Retsinas, a leader in local and national housing policy and advocacy, passed away last week at the age of 79.

Economics
Nov 09, 2026
Remodeling Activity Holds Flat in Second Quarter Amid Housing Slowdown

Remodeling activity was flat in the second quarter amid a broader nationwide housing slowdown, according to NAHB's State Projections of Remodeling (SPR). The SPR provides a quarterly, state-by-state analysis of remodeling spending, market share and changes in spending.

View all

Latest Economic News

Economics
Nov 09, 2026
Residential Building Worker Wage Growth Rebounds, but Real Wages Continue to Decline

Wage growth for residential building workers showed signs of a modest rebound in September 2026 following a sharp slowdown earlier in the year. According to the latest data from the U.S. Bureau of Labor Statistics, nominal wage growth picked up from its June pace, although it remained relatively modest.

Economics
Nov 09, 2026
Remodeling Activity Holds Flat in Second Quarter Amid Housing Slowdown

The National Association of Home Builders (NAHB) has released its State Projections of Remodeling (SPR) for the second quarter of 2026. As a reminder, the SPR provides on a quarterly basis a state-level estimation of the market share and total dollar value of remodeling spending.

Economics
Nov 06, 2026
Hiring Rebounds in October, but Residential Construction Employment Declines

The U.S. labor market rebounded in October, with nonfarm payroll employment increasing by 165,000 jobs and the unemployment rate declining to 4.1%. However, the improvement in overall employment contrasts with continued weakness in residential construction, where employment fell by 16,400 jobs, the largest monthly decline since March 2021.