Property Management Company Sued for Discrimination for “55 and Over” Policy

landlord helpA Las Vegas property manager is being sued by HUD for restricting occupants in an apartment complex to 55 and older.

While retirement communities are specifically exempt from the Fair Housing Act, HUD is alleging that the manager failed to follow all of the rules needed to designate a complex as “55 and over.”  As a result, the manager is accused of discrimination against families with children.

To claim the 55 and older exemption:

80 percent of the units must be occupied by at least one person age 55 or older;

the managers of the housing must publish and adhere to policies that demonstrate an intent to be housing for older persons; and

the managers must verify occupancy in accordance with the Fair Housing Act’s statutory and regulatory requirements.

If these requirements are not met, restricting rentals or sales to families could constitute discrimination, according to HUD.

The manager faces a monetary judgment if found liable.

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