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

Housing Affordability

Aug 14, 2025

NAHB Spotlights Housing Affordability Issues at National and Local Level

NAHB and the Building Industry Association of Washington (BIAW) recently spotlighted housing affordability struggles at both the local and national level in a two-part series titled “Washington to Washington: The Housing Crisis.”

Education | Remodeling

Aug 13, 2025

How Remodelers Can Capitalize On The State of The Housing Market

The housing affordability crisis in conjunction with an aging housing stock are signaling a high demand for remodels. With nearly half of owner-occupied houses in the U.S. built before 1980, home owners are choosing to invest in updating their current homes, making this the perfect time for remodelers to market themselves.

View all

Latest Economic News

Economics

Aug 13, 2025

U.S. Economy Rebounded in Second Quarter

Real GDP growth rebounded in the second quarter, driven by a turnaround in the trade balance and stronger consumer spending.

Economics

Aug 12, 2025

Student Loan Balances Rise

Overall consumer credit continued to rise in 2025, but the pace of growth remains slow. Student loan balances also rose year-over-year as borrowers resumed payments following the end of pandemic-era relief.

Economics

Aug 12, 2025

Core Inflation Accelerates Amid Tariff Pressure

Inflation held steady at 2.7% in July as food and energy prices remained subdued and offset increases in service prices, according to the Bureau of Labor Statistics’ (BLS) latest report.