HUD HCV Guidebook § 2.4
Age Discrimination Act of 1975 (HUD HCV Guidebook)
Operative Text
The Age Discrimination Act prohibits discrimination based on age in Federally assisted programs and
activities. A recipient of HUD funds must not use age distinctions or take any other actions that have the
purpose or effect of excluding individuals, denying or limiting them benefits or participation, or subjecting
them to discrimination because of age.17 There are limited exceptions for an age distinction established by
statute18 or if the otherwise prohibited action reasonably considers age as a factor necessary to the normal
operation or the achievement of any statutory objective of a program or activity. The four-factor test to
determine whether an explicit age distinction meets this exception considers if:19
(1) Age is used as a measure or approximation of one or more other characteristics; and
(2) The other characteristics must be measured or approximated for the normal operation of the
program or activity to continue, or to achieve any statutory objective of the program or activity; and
(3) The other characteristics can be reasonably measured or approximated using age; and
(4) The other characteristics are impractical to measure directly on an individual basis.
Example of Prohibited Policies that May Discriminate Based on Age
• Setting a minimum age (for example, age 25 or older) for participation in the HCV program.The Age Discrimination Act of 1975, as described in HUD Housing Choice Voucher Guidebook § 2.4, prohibits recipients of federal HUD funding from using age as a basis to exclude, limit, or otherwise discriminate against individuals in federally assisted programs. This rule applies to both intentional age-based policies and practices that have the practical effect of discrimination, even if unintentional. Limited exceptions exist when age is used as a reasonable proxy for another characteristic that is genuinely necessary for a program's normal operation, but only when that characteristic cannot practically be measured any other way.
Plain English — not legal advice.
Under HUD Housing Choice Voucher Guidebook § 2.4, housing providers and program administrators who receive HUD funds generally avoid setting any age-based eligibility thresholds—such as minimum age requirements—for participation in the Housing Choice Voucher program. Compliant operators review their policies and practices to ensure that no rule, even one that appears neutral, has the purpose or effect of excluding applicants or residents on the basis of age. When an age-related distinction is considered, operators typically evaluate it against the four-factor test outlined in § 2.4 to determine whether a narrow statutory exception applies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Housing Choice Voucher Guidebook § 2.4 establishes that tenants and applicants cannot be excluded from or disadvantaged within the HCV program simply because of their age. If a housing provider or program administrator imposes an age-based requirement—such as a minimum age threshold for participation—that may constitute a violation of the Age Discrimination Act of 1975. Individuals who believe they have experienced age-based discrimination in a federally assisted housing program may consider filing a complaint with the U.S. Department of Housing and Urban Development or reaching out to a local tenant-rights organization for general information about available options.
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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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