CAI-NJ July 2018 (w)(1)

EXCEPTIONS... from page 20.

custody of such individual or indi- viduals; or (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.” 42 U.S.C. § 3602(k). “Familial sta- tus” protection also applies to “any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.” 42 U.S.C. § 3602(k). Despite the expansion of protect- ed classes under the FHAA, three types of housing were exempted from FHAA protection against discrimi- nation because of “familial status.” Specifically, exemptions were provid- ed for (1) certain state and federal elderly housing programs determined by U.S. Department of Housing and Urban Development (HUD) to be

“specifically designed, and operated to assist elderly persons”; (2) housing “intended for and solely occupied by, persons 62 years of age or older”; and (3) housing “intended and oper- ated for occupancy by at least one person 55 years of age or older” provided at least 80 percent of the occupied units are occupied by at least one person meeting the age requirement 42 U.S.C. § 3607(b)(2) (C). The third exemption referenced in this paragraph is the most prevalent form of age-restricted housing in the State and is often referred to as the “55 or older exemption”. Under the 55 or older exemption, there was previously an additional qualification that the community must provide “significant facilities and ser- vices specifically designed to meet the physical or social needs of older

of where age-restricted communities began and where we are now.

Fair Housing Amendments Act of 1988 The Fair Housing Amendments Act of 1988 (FHAA) significantly impact- ed age-restricted communities by expanding the coverage of protected classes under the Fair Housing Act to prohibit discrimination on the basis of disability or “familial status.” A. FAMILIAL STATUS “Familial status” is defined as “one or more individuals (who have not attained the age of 18 years) being domiciled with (1) a parent or another person having legal

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