How the Federal Fair Housing Act Protects Older Adults

Takeaways

• Although age is not a protected category under the federal Fair Housing Act (FHA), many older adults are protected from housing discrimination through the law’s disability protections.
• The FHA applies to many types of housing and prohibits discrimination, including denied reasonable accommodations, denied reasonable modifications, unequal treatment, and certain overly broad criminal-record policies.
• Older renters generally have one year to file an administrative complaint with the U.S. Department of Housing and Urban Development and two years to file a lawsuit.
• Anyone facing a possible fair housing violation should keep detailed records and consider contacting a local fair housing organization, civil rights agency, legal aid program, or disability rights group.

Most people know the federal Fair Housing Act (FHA) as the law that bans housing discrimination based on race or national origin. Fewer people realize how often it is relevant for older adults. Though the FHA does not list age itself as a protected category, many older renters end up covered under the law’s disability provisions. Disability-related discrimination was the most common basis cited in housing discrimination complaints in 2024, accounting for more than half of all complaints, according to the National Fair Housing Alliance.

Who and What the FHA Covers

Passed in 1968, the FHA makes it illegal for housing providers to discriminate in the rental, sale, or financing of housing based on seven protected characteristics:

• race
• color
• national origin
• religion
• sex
• familial status
• disability

Many states add further protections, such as source of income, sexual orientation, or gender identity as protected categories, so it’s worth checking state law too.

Disability Is the Category Usually Most Applicable to Older Adults

Age-related conditions like reduced mobility, vision or hearing loss, chronic illness, or cognitive decline can qualify as a disability under the FHA’s broad definition, which covers any impairment that substantially limits a major life activity such as walking, seeing, hearing, or caring for oneself. Roughly 40 percent of people 65 and older have a disability affecting areas such as mobility, hearing, vision, cognition, self-care, or independent living. The prevalence is higher among people age 75 and older, reaching about 46 percent in 2022.

Importantly, a renter doesn’t always have to prove an actual limitation. The law also protects people who are simply “regarded as” having a disability. If a landlord treats an older applicant differently because of a stereotype about aging (assuming, for example, that someone needs a caretaker), that can itself be disability discrimination, whether or not the assumption is accurate.

What Types of Housing Does the FHA Cover?

The FHA applies broadly to “dwellings,” which includes apartments, single-family homes, mobile home parks, condos and co-ops, and residential facilities like nursing homes and assisted living communities. There are a few narrow exemptions, including one that allows qualifying 55-and-older communities to exclude families with children without violating the law’s separate ban on familial-status discrimination.

Who Can Be Held Responsible?

Landlords, property owners, management companies, and their agents can all be liable for violations, either for their own actions or for the discriminatory conduct of employees and contractors working on their behalf.

Common Fair Housing Issues Affecting Older Renters

Disparate Treatment

This is intentional discrimination, such as refusing to rent to someone because of a disability, charging higher rent or a larger deposit, or restricting access to shared spaces like a pool or clubhouse based on assumptions about a person’s abilities.

Denial of Reasonable Accommodations

A reasonable accommodation is a change to a rule or policy that gives a person with a disability equal opportunity to use and enjoy their home, and refusing a legitimate request is its own form of discrimination. Common examples of reasonable accommodations include:

• assigning a closer parking space,
• allowing a move to a ground-floor unit,
• waiving a no-pet policy for a service or emotional support animal,
• permitting a live-in aide,
• adjusting a rent due date to align with when disability benefits arrive, or
• granting extra time to move out during an eviction case.

Landlords are responsible for the costs of reasonable accommodations.

Denial of Reasonable Modifications

Modifications are physical, structural changes, such as a wheelchair ramp, grab bars, or lowered cabinets, that a person with a disability needs to fully use their home or common areas. Unlike accommodations, the tenant usually pays for modifications, except in federally subsidized housing, where the landlord generally covers the cost.

Barriers Related to Criminal Records

Blanket bans or overly broad denials based on criminal history can violate the FHA if they disproportionately screen out members of a protected class, such as people of color or people with disabilities. In one study of older adults experiencing homelessness in California, 33 percent said their criminal records were creating barriers to permanent housing.

Discrimination Against LGBTQ+ Older Adults

Discrimination based on sexual orientation or gender identity is treated as a form of sex discrimination under the FHA. Fair housing testing by the Equal Rights Center found that 48 percent of LGBTQ+ testers seeking senior housing experienced some form of discrimination, including being shown fewer available units, facing a more burdensome application process, or being quoted higher fees.

How the FHA Is Enforced

Many fair housing problems are resolved informally, simply by raising the issue with a landlord. When that doesn’t work, renters have two main options: filing an administrative complaint with the U.S. Department of Housing and Urban Development (HUD) or filing a lawsuit. Most people use the administrative process because it’s simpler and doesn’t require a lawyer to file. The deadline to file an administrative complaint is one year from the last act of discrimination; the deadline for a lawsuit is two years.

Most administrative complaints are resolved through a settlement called a conciliation agreement, which can include:

• equitable relief (such as offering a wrongly denied unit or accommodation),
• monetary damages for out-of-pocket costs and emotional distress,
• systemic changes like staff training or new screening policies, and
• attorneys’ fees.

Although HUD oversees enforcement nationally, HUD itself directly handles only about 5 percent of complaints. The bulk of the work is done by two types of local partners:

• state and local civil rights agencies (known as FHAPs) that process complaints on HUD’s behalf and
• nonprofit fair housing organizations and legal aid groups (known as FHIPs) that handle over 70 percent of all fair housing cases nationwide. FHIPs can advise renters, represent them, and even investigate discrimination directly through “testing” by sending trained testers posing as prospective renters to see how a property treats people differently.

Where to Get Help

If you or someone you know is dealing with a possible fair housing problem, keep records of everything, including notices, emails, texts, and notes from phone or in-person conversations, and reach out to:

• A local FHIP organization, such as a nonprofit fair housing group or legal aid agency. This is often the best first call, since they can advise on the case and may provide free representation.
• A state or local civil rights agency (FHAP) since these agencies process most administrative complaints on HUD’s behalf.
• A local legal aid program, which can be especially useful if the issue involves an eviction.
• A disability rights organization, which can often be helpful for cases centered on disability discrimination.
• HUD’s webpage for reporting housing discrimination, though HUD typically refers cases to a local FHAP agency for handling.

Additional Reading

Though age alone isn’t a protected category under federal fair housing law, the realities of aging often are. Because disability is defined so broadly, a large share of older renters have FHA rights, even if they don’t realize it. Knowing the basics of what the law covers and where to turn for help can make the difference between losing housing and keeping it.

For additional reading on issues related to housing for older adults, check out the following articles:

• Proposed Rule Threatens Housing Assistance for Older Adults
• Affordable Housing Options for Low-Income Older Adults
• How the Housing Crisis Affects Older Adults
• Older Adults Struggle to Meet the Dual Burden of Housing and Care
• Innovative Long-Term Care Housing Solutions for Seniors
• TV Show Explores Senior Housing and Long-Term Care Options