HOPA basics: how 55+ housing rules work
The federal Fair Housing Act prohibits discrimination based on familial status, among other protected classes. The Housing for Older Persons Act of 1995 (HOPA) created an exemption so that qualifying "housing for older persons" can limit occupancy by age.
The two common HOPA categories
- 62 or older: housing intended for, and occupied solely by, persons 62 or older.
- 55 or older: housing where at least 80% of occupied units have at least one occupant 55 or older, and the community publishes and follows policies showing that intent, and verifies ages as HUD rules require.
What this means for you as a buyer
- Each community writes its own rules within the law. Some allow a younger spouse, partner or caregiver; some limit how long younger guests can stay. Read the recorded declaration, bylaws and rules.
- "Age-targeted" communities market to buyers 55 and over but may not restrict age at all. Ask whether the community claims the HOPA exemption.
This guide is general information, not legal advice. For questions about a specific community's age policy, ask the HOA or operator, and consult a Pennsylvania real estate attorney.
Source: U.S. Department of Housing and Urban Development, Housing for Older Persons Act guidance (hud.gov).
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