Although the Fair Housing Act was amended in 1988 to prohibit discrimination on the basis of disability and familial status, Congress intended to preserve housing specifically designed to meet the needs of senior citizens. Housing that meets the FHAct definition of housing for older persons is exempt from the law's familial status requirements, provided that:
HUD has determined that the dwelling is specifically designed for and occupied by elderly persons under a Federal, State or local government program or
It is occupied solely by persons who are 62 or older or
It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates intent to house persons who are 55 or older.
Therefore, housing that satisfies the legal definition of senior housing or housing for older persons described above, can legally exclude families with children.