Families
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.
Housing
for older persons is exempt from the prohibition against familial
status discrimination if:
-
The
Attorney General 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; has significant services and
facilities for older persons; and adheres to a published policy
statement that demonstrates an intent to house persons who are
55 or older. The requirement for significant services and facilities
is waived if providing them is not feasible and the housing
is necessary to provide important housing opportunities for
older persons.
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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