HUD Handbook 4350.3 § 2-7
Age Discrimination Act of 1975 (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. This Act prohibits discrimination based upon age in federally assisted and funded
programs or activities, except in limited circumstances.
B. It is not a violation of the Act to use age as screening criteria in a particular
program if age distinctions are permitted by statute for that program or if age
distinctions are a factor necessary for the normal operation of the program or the
achievement of a statutory objective of the program or activity. Thus, a Section
202 PRAC project that only admitted elderly families would not be considered to
be operating in violation of the Age Discrimination Act.The Age Discrimination Act of 1975, as described in HUD Handbook 4350.3 REV-1 CHG-4 § 2-7, generally prohibits federally assisted housing programs from treating people differently based on their age. However, the Act carves out exceptions when a specific program is authorized by statute to serve a particular age group, or when age is a necessary factor for the program to function as intended. A federally funded project designed exclusively for elderly families—such as a Section 202 PRAC development—can lawfully restrict occupancy by age without violating this rule.
Plain English — not legal advice.
Operators of federally assisted housing covered by HUD Handbook 4350.3 REV-1 CHG-4 § 2-7 generally ensure that their admissions and occupancy policies do not impose age-based restrictions unless those restrictions are expressly authorized by the program's governing statute or are necessary for the program to meet its statutory objectives. Managers of age-restricted programs, such as Section 202 PRAC projects, typically document the statutory basis for any age criteria used in tenant screening. Maintaining clear records of the program type and its authorizing legislation helps demonstrate that any age distinctions applied are within the permitted exceptions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-7, applicants and residents of federally assisted housing have a general right to be free from age-based discrimination unless the program is specifically authorized by statute to use age as a criterion. If a person believes they have been denied housing or treated differently based on age in a program that does not qualify for an exception, they may consider filing a complaint with the U.S. Department of Housing and Urban Development. Tenant-rights organizations can help individuals understand whether a particular program's age restrictions fall within the Act's permitted exceptions.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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