Legality of restricting apartment buildings as to age (IE: 55+ senior communitIEs)

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Legality of restricting apartment buildings as to age (IE: 55+ senior communitIEs)

Is it legal for an apartment community to have age restrictions? Is this age discrimination? For instance, there are a number of “senior communities” that require 1 occupant of an apartment to be a minimum of 55 years old. I have been told that it is federally mandated that this is illegal.

Asked on June 19, 2009 under Business Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I very much doubt that there is federal law that prevents this.  I've never heard of any such law, and in fact many states have laws that set up procedures for communities to put this kind of restriction in place.

This isn't unlimited, though, it can't be put in just anywhere-any-time, and there are some technical requirements that usually have to be followed.  If you think that a particular place you're interested in has broken these rules, you can get advice to rely on from a local attorney who has gone over all the facts.  One place to find a lawyer is our website:  http://attorneypages.com


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