Unless a building or community qualifies as housing for older persons,
it may not discriminate based on familial status. That is, it may
not discriminate against families in which one or more children
under 18 live with:
- A parent
- A person who has legal custody of the child or children or
- The designee of the parent or legal custodian, with the parent
or custodian's written permission.
Familial
status protection also applies to pregnant women and anyone securing
legal custody of a child under 18.
Exemption: Housing for older persons is exempt from the prohibition
against familial status discrimination if:
- The HUD Secretary has determined that it is specifically designed
for and occupied by elderly persons under a Federal, State or
local government program or
- It is occupied solely by persons who are 62 or older or
- It houses at least one person who is 55 or older in at least
80 percent of the occupied units, and adheres to a policy that
demonstrates an intent to house persons who are 55 or older.
A
transition period permits residents on or before September 13, 1988,
to continue living in the housing, regardless of their age, without
interfering with the exemption.
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