The short answer is: it depends. The longer answer can be a bit confusing, so let’s break it down as simply as possible.
Background
The concept of housing specifically for older adults has existed in the U.S. since the mid-1800s. Early examples include:
- St. Margaret’s Home for the Aged (New York City,1865): Founded to serve elderly women.
- Peabody Home for Aged Women (Maryland, 1870s): Another charitable institution for low-income elderly women.
These early homes were private and charitable, and there was no uniform or legally mandated minimum age for residents. Age was generally determined by the organization’s mission, often around 55-60 years old.
The federal government got involved in the 1930s and 40s with the construction of public housing for the elderly in several cities in America. In the early days of the program, units for the elderly were incorporated into larger public housing properties, though some small designated wings existed. Minimum age varied by city and property, typically from 60 to 65.
Public vs Private Housing
By the 1950s and 1960s, Public Housing Agencies (PHAs) began constructing buildings exclusively for seniors, with most setting minimum ages at 60 or 62.
Private retirement communities began to emerge in the 1950s and 1960s, emphasizing lifestyle and social engagement for older adults. Sun City, Arizona (1960) is widely recognized as the first planned, large-scale retirement community for older adults, targeting residents 55+.
From the 1970s onward, HUD expanded its senior housing programs, constructing hundreds of thousands of units under various initiatives (Sections 236, 202, 8, etc.). Most HUD-assisted senior housing programs settled on 62 as the minimum age for occupancy.
While the starting age varied, all except for the earliest public housing had one thing in common: they either explicitly or implicitly prohibited children under the age of 18 from living in the developments.
There is a misconception that the 1968 Fair Housing Act (FHA) affected senior housing. In reality, while the 1968 FHA prohibited discrimination based on race, color, religion, sex, and national origin, familial status (children) was not added until 1988. The 1988 Amendments to FHA tried to carve out an exemption for senior housing. Under the Amendments a property could qualify as housing for older persons if it was intended and operated for occupancy by persons 62 years of age or older or by at least one person 55 years of age or older per unit. and met certain criteria. Unfortunately, it didn’t define the criteria.
HOPA and Legal Age Requirements for Senior Housing
The 1995 Housing for Older Persons Act (HOPA) brought some clarity at long last. HOPA established two distinct categories:
55+ Communities
- At least 80% of the occupied units must have at least one occupant who is 55 years of age or older.
- The community must be intended and operated for occupancy by people 55 years of age or older.
- Housing providers must verify the age of occupants.
62+ Communities
- All residents must be 62 or older
- These communities are automatically in a “safe harbor” under HOPA regarding familial status discrimination.
While HOPA clarified the issue of age from a fair housing standpoint (it’s 55 or 62), it is important to remember that there can be different age requirements for eligibility for federally assisted housing. Most HUD programs follow the 62+ standard, but there are exceptions. For example, certain PHAs have established lower thresholds such as 55 or 60.