What is a requirement for housing to be classified as housing for older persons?

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Housing can be classified as housing for older persons if at least 80% of the units are occupied by individuals who are 55 years or older. This requirement is established under the Housing for Older Persons Act of 1995, which provides guidelines to ensure that communities are genuinely designed for older individuals. The act allows for some flexibility, but the key factor is the percentage of occupancy by older adults.

This classification is important as it permits certain housing developments to be exempt from some provisions of the Fair Housing Act that prohibit age discrimination, allowing these communities to cater specifically to older adults. Other options do not meet the criteria set forth by the Housing for Older Persons Act. For instance, having all units filled by those aged 50 or older or only allowing residents aged 62 and older does not adhere to the legislative requirements. Similarly, restricting occupancy to those 45 and older would not align with the established age framework for older persons. Thus, the requirement of 80% occupancy by individuals 55 years or older correctly identifies a qualifying standard for housing designed specifically for the older population.

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