Managing a senior living community involves many regulatory concerns, like those that govern residents’ health, safety, and care. However, fair housing laws must also be considered. They ensure that all people have equal access to housing, and they apply to senior living communities. This post will explore the intersection of fair housing laws and senior living.
The Basics of Fair Housing Laws and Senior Living Communities
While various state and federal laws cover housing policies, the Fair Housing Act is the primary concern for senior communities. The law prohibits housing discrimination based on race, sex, religion, familial status, national origin, and disability. Communities cannot deny housing or set unfair policies that discourage certain groups.
Non-compliance can lead to legal action and penalties. It could also result in reputational harm to the community. Having suitable intake measures to ensure compliance.
Let’s look at how these laws may apply to senior living communities.
Admissions Policies
Fair housing laws will significantly impact how you develop admissions policies and procedures. The key is to ensure consistent admissions processes for all people and to avoid discriminatory policies. For example, a community may have policies concerning medical issues, but they must apply fairly and not be discriminatory. Communities must avoid inadvertent discrimination. For example, setting policies about people being “fully independent” could violate disability protections.
Marketing Language and Descriptions
Marketing materials and descriptions might also be an issue for fair housing laws. Even well-intentioned language or imagery could have a discriminatory influence. For example, describing a senior community as “for active seniors” might cause some to view that as discouraging to people with disabilities. Marketing materials should also use language and imagery that is as inclusive as possible. Setting marketing policies that only target specific groups may also be a violation.
Familial Exemption for Senior Communities
The FHA typically prohibits discrimination based on familial status. However, many senior communities are allowed an exemption. These exemptions are for communities housing individuals older than 55 or those over 62. For 55+ communities, at least 80% of units must have at least one resident over 55. With 62+ communities, all residents must be over the age limit. However, there are additional policies these communities must follow for eligibility.
Making Reasonable Accommodations
Senior living communities must also make reasonable accommodations for seniors with disabilities. This may mean modifying policies, practices, or facilities to accommodate these individuals. For example, the community might allow a service animal despite a no-pets policy. Other accommodations include widening doorways or changing flooring. Communities should review and assess requests individually.
Fair housing compliance is essential and complex. To ensure compliance, communities must set clear policies and train staff accordingly. Utilizing legal counsel to review and advise on various issues is also a good idea. How these laws apply can vary depending on location and the community’s operations.
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