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Age-based rental denial may not be discrimination

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I read a newspaper ad for an apartment community that I thought might be a good living situation for me. But when I followed up to obtain a rental application, I was told that I was too young. I have never been told that before. Refusing to consider me seems like discrimination based on my age. Do I have a claim for discrimination?

The answer depends on obtaining some more information about this specific property. Certain properties are exempt from the fair-housing laws on age discrimination because they have been designated as senior housing. Specifically, the following properties are exempt: Senior citizen housing complexes designed for residents that are age 62 years or older; federal or state programs and complexes designed to be solely occupied by seniors; and senior housing in which 80% of the units have been set aside for at least one tenant occupying each unit who is over age 55.

If the property that caught your attention is not participating in one of these programs, your treatment may have been discriminatory. Your local fair-housing agency can look into whether or not this specific housing complex is entitled to an exception from the fair housing laws.

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— Martin Eichner,

Project Sentinel

Eichner is director of Housing Counseling Programs for the Sunnyvale, Calif.-based mediation service. To submit a question, go to https://www.housing.org.

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