- Housing that the secretary of the Department of Housing and Urban Development has determined is provided under a federal or state program or a program designed for occupancy by elderly persons. (HUD itself has not designated any programs under this exception, which is why Section 8 must accept children.)
- Housing in which all persons in all units are 62 or older.
- Housing in which at least 80% of the units are occupied by at least one person who is 55 or older. An owner may decide to further restrict the units — for example, by requiring all of the unites to be occupied by at least one person 55 or older.
The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance. It has been determined that bonds and tax credits are not considered federal financial assistance under this law. Only funds that come directly from a federal agency such as HUD or the Rural Development Administration are relevant.
HUD programs for seniors define elderly as "age 62 or older, handicapped or disabled." Section 8 properties may provide a preference for seniors, but a percentage of units must be held for the disabled, regardless of age.
The bottom line is that if a property wants to be considered a senior property and does not have HUD financing, at least 80% of its units must be occupied by at least one person who is 55 or older; disability is not an issue. If more than 20% of units are occupied by the non-elderly, the property will be considered a family property and must accept families with children.
The NAHB University of Housing Offers HCCP Designation
The NAHB University of Housing offers the Housing Credit Certified Professional (HCCP) designation, a specialized designation for developers, property managers, asset managers and others working in the affordable housing industry. Click here for more information.
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