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Once a community meets the HOPA requirements, they are free to create their own rules for how they will define their age restriction, as long as they are in compliance with state laws.

The community can make the age-restriction more strict than the HOPA requirement, such as stating that all of the residents must be over 55 or that 80 percent of the households must include a resident aged 60 or better.

Many states do have their own fair housing laws which include additional protected classes such as marital status, sexual orientation and ancestry.

Under these laws, each state can also allow for age protection, which would begin at a defined age, but most do not prevent communities from being exclusive to older adults as they recognize the benefit of senior housing programs.

However, the Housing for Older Persons Act of 1995 (HOPA) provides exemptions to familial status if a community meets either of the following conditions: 1.

All of the occupants of the community are over the age of 62. At least 80 percent of the occupied units include at least one resident who is verified to be over the age of 55, and the community follows a policy that demonstrates an intent to provide housing for those aged 55 or older.

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They can even set guidelines for how long underage visitors (such as grandchildren) are allowed to stay with community residents.

To attract younger buyers, active adult communities can also set lower age restrictions (or no age restrictions) in 20 percent of the development.

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