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Legal Do’s and Don’ts for Age-Restricted Communities

Working paper #426
Roger D. Winston

Although the Fair Housing Amendments Act of 1988 prohibited discrimination against families with children, the acknowledgement by Congress of many older Americans to live in communities without children led to federal law that circumscribes the requirements for communities intended for persons age 55 and over. Since that time, these age-restricted developments are on the rise, with growth largely attributed to aging baby boomers and longer life-expectancies. Through a discussion of federal law and other key considerations that must be understood by any developer considering embarking on a project of this type, this article provides a legal perspective to assist in creating a successful age-restricted hous-ing development.

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