South Bend, IN asked in Real Estate Law for Indiana

Q: We are selling our condominium. We believed that we could only sell it to people 55 and older. Is that true?

Our realtor told us that is discriminatory. Is that correct?

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1 Lawyer Answer

A: There is a federal law that makes it illegal to discriminate against families in housing. But there are exceptions. One such exception is the "55 or older" exemption. In order to qualify for the "55 or older" housing exemption, a facility or community must satisfy each of the following requirements:

1) At least 80 percent of the units must have at least one occupant who is 55 years of age or older; and

2) The facility or community must publish and adhere to policies and procedures that demonstrate the intent to operate as "55 or older" housing; and

3) The facility or community must comply with HUD's regulatory requirements for age verification of residents.

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