Housing for Older Persons
Housing for older persons is exempt from the age and familial status provisions of state housing discrimination law.
The 3 Types of Housing for Older Persons
- Housing provided under any state or federal program that Housing and Urban Development determines is specifically designed and operated to assist elderly persons as defined in the state or federal programs.
- Housing intended for, and solely occupied by, persons 62 years of age or older.
- Housing intended and operated for occupancy by at least one person 55 years of age or older per unit.
Requirements of Housing for Older Persons 55+
- The housing must provide significant facilities and services specifically designed to meet the physical or social needs of older persons or if the provision of such facilities is impractical, such housing must demonstrate that it is necessary to provide important housing opportunities for older persons;
- At least 80 percent of units must be occupied by at least one person 55 years of age or older, per unit; and
- There must be policies and procedures in place and implemented that demonstrate intent by the owner or manager to provide housing for persons 55 years of age or older; including: rules for verification of occupancy and ages of occupants.
Frequently Asked Questions
May persons younger than 55 live in housing for persons 55 years of age or older?
Yes. As long as the minimum requirement is met of at least 80% of units housing at least one person age 55+ per unit.
Does the 80% rule mean housing for 55+ may set aside 20% of its units for persons under 55?
No. The 80% rule is designed to allow more flexibility than housing for persons 62+. For example, many persons 55+ have a younger spouse, younger or adult child or a live-in caretaker.
Can 55+ housing require 100% of its occupants to be aged 55+?
Yes. The 80% rule is a minimum requirement.
Questions?
Contact the Commission
Phone: 603-271-2767
Email: humanrights@hrc.nh.gov