Some people, as they begin their research on Pennsylvania 55+ communities,wonder if such age restrictions aren’t considered discrimination and therefore made illegal. Indeed, there are several categories of discrimination defined in the Fair Housing Act that seeks to protect homeowners, buyers and renters, including: color, race, sex, religion, national origin, familial status and disability. As you can see, age is not one of these categories. However, many states elaborate on the Fair Housing Act with their own housing laws, and extend the categories of discrimination to such things as sexual orientation, ancestry, and marital status. Age protection can also be opted for state-by-state, but most do not affect senior housing, such as Pennsylvania 55+ communities, instead age protection seeks to protect younger citizens, such as children and pregnant women which aligns itself with the familial status laws. In the case of adult active communities, there is the Housing for Older Person’s Act, established in 1995 that also revises the familial status law mentioned above, providing exemptions if the community in question meets certain requirements. There are two exemptions:
- At least 80% of the housing units must have at least one member that is 55+ in a
community that focuses on housing for 55 and older residents. - All members of the community are 62 years of age or older.
Beyond these two requirements, Pennsylvania 55+ communities are free to make their own rules and regulations for age restrictions and policies. As long as they are following other laws that affect them in the state, and the HOPA requirements are met, active adult communities are 100% legal. This brings us to age restrictions in 55+ communities. As you can read, the first restriction is more often than not that a person seeking to live in the community must be 55, and that all units or at least 80% of all units comply with this restriction. For other persons living in the same household, a second age restriction may apply. In some cases this may be that all other persons in the household must be over the age of 40. In other cases, it may be marked at at least 18 years of age. Sometimes Pennsylvania 55+ communitieswill lower their age restriction policies or do away with them altogether so that some of the units can be bought by younger couples. As you can see, there are many variations and you will likely encounter all types of policies. Not to worry, again this is perfectly legal.
If you’re ready to take the next step and start looking at Pennsylvania 55+ communities and active adult homes today or anytime, give Summit Home a call! Their friendly and professional realtors know all the ins and outs of these communities and will be happy to help you find the one that is just right for you.

