This Guide is designed to identify fair housing issues and approaches for seniors housing properties including senior apartments, independent living, assisted living and continuing care retirement communities. Subjects include federal statutory, regulatory, and case law dealing with discrimination on the basis of age, health care status/disability, religion, income and race. Typical operational situations for retirement communities, such as advertising, screening and admission of residents, access of occupants to facilities and services at the community, and relocation of residents are identified and discussed.

This is a rapidly evolving area with sweeping laws that contain few details outlining the boundaries of appropriate conduct. The guidance presented in this handbook is based upon the statutory language and major case holdings and is not intended to constitute legal advice. Often, the issues are so subtle, and the guidance of the courts and enforcement agencies so complex, fact-specific, or even contradictory, that it is difficult to articulate a course of action that is clearly right under a given set of circumstances. Retirement communities should consult legal counsel in determining how best to minimize the risk of a discrimination claim, and to respond to any actual claim.

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