Can Landlords Refuse to Rent to Seniors?

Under the Fair Housing Act (FHA), landlords are prohibited from discriminating against tenants based on protected characteristics, including age. This means that landlords cannot refuse to rent to seniors solely because of their age.

However, there are exceptions for housing communities specifically designed for older adults. The FHA allows for "Housing for Older Persons" exemptions, which apply to:

1. Housing provided under state or federal programs specifically designed to assist elderly persons.
2. Housing intended for, and solely occupied by, persons 62 years of age or older.
3. Housing intended and operated for occupancy by persons 55 years of age or older, provided that at least 80% of the units have at least one occupant who is 55 or older, and the community adheres to policies demonstrating this intent.

In these designated communities, landlords can legally restrict residency based on age to maintain the community's status.

It's important to note that while age discrimination is prohibited, landlords can set legitimate criteria for tenancy, such as income requirements, credit history, and rental references, as long as these standards are applied uniformly to all applicants. Additionally, landlords are required to make reasonable accommodations for tenants with disabilities, which can include seniors with mobility or health issues.

In summary, outside of legally recognized senior housing communities, landlords cannot refuse to rent to seniors based solely on age. Seniors who believe they have faced age-based discrimination in housing can seek assistance from local fair housing organizations or legal aid services to address the issue.