Which statement about elderly housing exemptions is accurate?

• A. Housing for persons 62 years or older is exempt from familial status protections
• B. Housing with 80% 55+ units is not exempt
• C. Student housing is exempt
• D. Owner-occupied housing is always exempt

Answer: (A)

Elderly housing exemptions exist to allow housing designed for older persons to be marketed and operated without familial status protections. The clearest example is housing intended for occupancy by persons aged 62 years or older, which is exempt from the Fair Housing Act’s protections against discrimination based on familial status. This reflects the idea that communities can be tailored to the needs of older residents without worrying about families with children.

There are related pathways as well: if a property has a 55+ designation and at least 80% of its units are occupied by at least one person aged 55 or older, that can also qualify as elderly housing exemption. That means the statement claiming this type of housing is not exempt is incorrect. Other exemptions exist for student housing or owner-occupied buildings with up to four units, but those are separate considerations and don’t alter the fundamental point about 62+ housing.

So, the accurate statement is that housing for persons 62 years or older is exempt from familial status protections.