How the Federal Fair Housing Act Protects Older Adults

Most people know the federal Fair Housing Act (FHA) as the law that bans housing discrimination based on race or national origin. However, 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.

In fact, disability-related discrimination was the most common basis cited in housing discrimination complaints in 2024. It accounted 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. These are race; color; national origin; religion; sex; familial status; and disability.

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

Disability Category 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. This definition 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. In fact, it was about 46 percent in 2022.

Importantly, a renter doesn’t always have to prove an actual limitation. Additionally, 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. This is so 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. For example, one 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

1. 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.
2. 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, but are not necessarily limited to:

• 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.

3. 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.
4. 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 studyof older adults experiencing homelessness in California, 33% said their criminal records were creating barriers to permanent housing.
5. 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 Centerfound that 48% 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. They can file an administrative complaint with the U.S. Department of Housing and Urban Development (HUD) or they can file 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. Meanwhile, the deadline for a lawsuit is two years.

Although HUD oversees enforcement nationally, HUD itself directly handles only about 5% 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% 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. Then 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.

If you would like to speak with an experienced elder law attorney regarding your situation or have questions about something you have read, please do not hesitate to contact our office at 1 (800) 680-1717. We look forward to the opportunity to work with you.

Disclaimer: The information provided above is for general informational purposes only and is not legal advice.