HUD HCV Guidebook § 2.4

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.