As the population continues to age, housing for older people has become an increasingly important concern. The Housing for Older People Act (HOPA) and the Fair Housing Act (FHA) are two vital pieces of legislation that ensure fair and equitable housing opportunities for older individuals. For property managers and landlords, understanding and adhering to these acts is not just a legal requirement but also a moral responsibility.
In this blog, we will explore how managers should handle HOPA for FHA compliance to create inclusive and accessible housing options for older adults.
Understanding HOPA and FHA
First, let’s understand what is HOPA and FHA:
The Housing for Older People Act (HOPA)
A 1995 change to the FHA known as HOPA permits housing providers to limit residency to people 62 years of age or older. This law makes it possible for properties to function as age-restricted communities in an effort to meet the special housing needs of senior citizens.
The Fair Housing Act (FHA)
The FHA, originally enacted in 1968, prohibits housing discrimination based on several protected characteristics, including race, color, religion, sex, disability, familial status, and national origin. While the FHA generally prohibits age discrimination, HOPA provides an exception to allow age-restricted housing communities for seniors.
Key Considerations for Managers to Handle HOPA:
Let’s discuss some of the key considerations that managers should consider to handle HOPA for FHA compliance:
1. Qualification and Verification:
- Determine the age requirement: Ensure your property complies with HOPA by confirming that at least 80% of the units are occupied by individuals who are 62 years of age or older.
- Verification process: Implement a reliable verification process to confirm the age of prospective tenants. Acceptable forms of verification may include government-issued IDs, birth certificates, or passports.
2. Marketing and Advertising:
- Age-appropriate marketing: When advertising your property, be cautious not to target or exclude potential tenants based on age. Ensure that your marketing materials are inclusive and appeal to a diverse audience.
3. Exceptions and Reasonable Accommodations:
- Familial status: Be aware that HOPA allows for limited exceptions for individuals under the age of 62 in certain circumstances, such as when they are spouses of eligible seniors or are providing essential caregiving services.
- Reasonable accommodations: Comply with the FHA by offering reasonable accommodations to tenants with disabilities. Ensure that your property is accessible and adaptable to the needs of all residents.
4. Documentation and Records:
- Maintain thorough records: Keep detailed records of tenant applications, verifications, and any accommodation requests. This documentation will be essential in demonstrating compliance in case of an audit or complaint.
5. Legal Counsel and Training:
- Seek legal advice: Consult with legal experts well-versed in HOPA and FHA regulations to ensure full compliance and protect your property from potential legal issues.
- Staff training: Train your staff on the intricacies of HOPA and FHA compliance to ensure that everyone involved in the tenant application process understands the requirements and responsibilities.
Conclusion
Housing for older individuals is a critical aspect of creating inclusive and equitable communities. Managers and landlords play a pivotal role in ensuring compliance with the Housing for Older People Act (HOPA) and the Fair Housing Act (FHA) to provide suitable housing options for seniors. By understanding the requirements, implementing thorough verification processes, and maintaining accurate records, property managers can navigate the complexities of HOPA and FHA compliance while fostering an environment that respects the rights and dignity of older individuals seeking housing.
