With baby boomers at retirement age and the oldet Gen Xers rapidly approaching it, many are reconsidering where they will live. Married couples with empty nests or singletons looking to regain their social lives may want to move to a retirement community. These communities allow older adults to live around others of the same interests and age – typically 55 years and over.
But what happens if you and a partner want to move to an age-restricted retirement community but one of you is not the required age? What if you have children you want to bring with you into 55-plus housing?
The short answer is that younger residents in 55+ housing are common and legal in some cases. The longer answer is that federal law sets a floor instead of a guarantee. The community's own rules usually decide your case.
No Age Protection in Fair Housing Act
If a community turns you away for being too young, it can feel like discrimination. Legally, it usually isn't.
Under the Fair Housing Act of 1968, homebuyers and renters cannot be discriminated against because of their:
- Race
- Color
- Gender
- National Origin
- Religion
- Familial Status
- Disability
Age isn't on that list. Neither is marital status or income. Therefore, developers can set limits on who can buy or rent their properties based on how old they are.
States also can allow retirement communities to set a minimum age for residents. Most do not prevent communities from being for mature adults only because they understand the benefits of income- and age-based housing programs.
Under normal circumstances, a landlord or HOA can't refuse you because you have kids. An age-restricted community can, but only if it qualifies for a specific exemption.
Exemptions from Housing for Older Persons Act
One law that could allow you to live in a 55+ community even if you are not that age is the Housing for Older Persons Act of 1995 (HOPA). HOPA is the law that makes age-resitricted communities possible in the first place.This provides exemptions to family status nondiscrimination if a retirement community meets either of the following conditions:
- All the residents are age 62 or older.
- At least 80 percent of the occupied units include one resident age 55 or older, and the community shows an intent to provide housing for those 55 and up.
Once the retirement community meets these requirements, it is free to create its own age restrictions, in compliance with state laws. These restrictions can be more or less strict than the HOPA requirements.
Rules of Age-Restricted Communities
Most age-restricted communities have two rules:
- The first says that each household (or a certain percentage of the households) must have a resident age 55 or older.
- The second rule adds an age restriction for the remaining members of the household, such as a spouse, partner, or child. These commonly set minimum ages at 40 for a spouse or partner or 18 for a child.
The retirement community can also set guidelines for how long underage visitors (such as grandchildren) can stay with community residents. Common limits run from two weeks to 30 days a year, sometimes with a cap on consecutive days and a requirement to register longer stays with the office.
Because so much of this is set community by community — sometimes differently for two developments across the street from each other — get the specifics in writing before you apply. Ask what percentage of units the community requires to have a 55+ resident, whether there's a minimum age for the non-qualifying spouse or other adult occupants, whether a surviving occupant under 55 may stay if the qualifying resident dies, and for a copy of the CC&Rs.
Younger Residents in Senior Housing
Even with all the restrictions placed on senior housing regarding age, you will still find some communities that allow younger residents. Here's who they typically are.
- Adult children: According to a community's age restrictions, adult children 18 years or older may be allowed, as long as another adult occupying the unit is 55 or older. Some communities set the bar higher than 18, some cap the number of days per year, and some don't permit it at all.
- Children under 18: It is rare to find a retirement community that allows young children to live there full-time — often, excluding them is the whole purpose of the HOPA exemption. Visits are a separate matter and are almost always permitted under the community's guest policy.
- Live-in caregivers: Under-55 residents who are necessary to provide a reasonable accommodation to a resident might be allowed if the 80 percent calculation by federal regulation has been meet. This is one of the strongest positions an under-55 occupant can be in.
- Employees: Under-55 staff who perform substantial management or maintenance duties, along with family members in the same unit, also don't count against the 80 percent.
- Residents of brand-new communities: Newly constructed housing doesn't have to meet the 80 percent requirement until at least 25 percent of its units are occupied, so a community still in lease-up can look younger than you'd expect.
- Surviving spouses and partners: HOPA doesn't guarantee that an under-55 spouse can stay after the qualifying resident dies or moves into care. For compliance purposes that unit simply shifts into the community's 20 percent, so the survivor's presence doesn't threaten the exemption. Whether they may remain depends on the CC&Rs and state law. Many communities allow it explicitly. Don't assume yours does.
One widespread misconception is worth correcting: 55+ communities generally do not set aside 20 percent of their units for younger residents. HUD has been direct that 80 percent is a minimum, not a target.
Find a 55+ Community Near You
You'll find age-restricted 55+ and 62+ communities in cities across the United States on Apartments.com. Just use the Senior Housing filter to narrow your search, then compare floor plans, amenities, and verified community details. The following cities are some of the most popular for 55+ communities on Apartments.com.
- Atlanta, GA
- Dallas, TX
- Escondido, CA
- Las Vegas, NV
- Mesa, AZ
- Miami, FL
- Orlando, FL
- Sacramento, CA
- San Diego, CA
- Tampa, FL
This article was originally written by Mary Beth Adomaitis and was updated on June 31, 2026.
FAQs
Can someone under 55 live in 55+ housing?
Often, yes. Federal law requires only that 80 percent of occupied units include at least one resident 55 or older, leaving room for younger spouses, partners, adult children, and caregivers. The community's own rules decide whether it permits this.
Can my spouse move in if they're under 55 and I'm over 55?
Usually. You'd be the qualifying resident. Many communities set a secondary minimum age for the younger spouse, commonly 40 or 45. and 45 in California under state law. Some set none, and some require all residents to be 55+.
Can children live in a 55+ community?
Minor children are rarely permitted as full-time residents. Adult children 18 or older may be allowed depending on the community's rules, and visits by grandchildren are almost always permitted subject to guest policies.
Is it legal to restrict housing by age?
Age isn't a protected class under the federal Fair Housing Act, and HOPA exempts qualifying senior housing from the Act's familial status protections.
What is the 80/20 rule?
Shorthand for HOPA's requirement that at least 80 percent of occupied units have a resident 55 or older. It's a minimum, not a mandate to reserve 20 percent for younger residents.
Can I stay if my spouse dies and I'm under 55?
Federal law doesn't guarantee it. Your unit shifts into the community's 20 percent so your presence doesn't jeopardize its exemption, but whether you can remain depends on the governing documents and state law. Confirm before you move in.
