Cal. Civ. Code § 36-96.7
Familial status protection not applicable to housing for older persons.
Operative Text
A. Nothing in this chapter regarding unlawful discrimination because of familial status shall apply to housing for older persons. As used in this section, "housing for older persons" means housing: (i) provided under any state or federal program that is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or (ii) intended for, and solely occupied by, persons sixty-two years of age or older; or (iii) intended for, and solely occupied by, at least one person fifty-five years of age or older per unit. The following criteria shall be met in determining whether housing qualifies as housing for older persons under clause (iii) of this subsection: 1. At least eighty percent of the occupied units are occupied by at least one person fifty-five years of age or older per unit; and 2. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of age or older. B. Housing shall not fail to meet the requirements for housing for older persons by reason of: 1. Persons residing in such housing as of September 13, 1988, who do not meet the age requirements of clauses (ii) and (iii) of subsection A, provided that new occupants of such housing meet the age requirements of those clauses; or 2. Unoccupied units, provided that such units are reserved for occupancy by persons who meet the provisions of clauses (ii) and (iii) of subsection A.
Va. Code § 36-96.7 creates an exemption from Virginia's fair housing protections against familial-status discrimination for certain categories of housing designed or operated for older residents. The exemption covers housing run under qualifying government programs for elderly persons, communities exclusively occupied by residents 62 or older, and communities where at least 80% of occupied units house at least one person aged 55 or older and where the operator has published and follows age-based occupancy policies. Vacant units and residents who were already living in the community before September 13, 1988 do not disqualify a property from claiming this exemption, as long as new occupants satisfy the applicable age requirements.
Plain English — not legal advice.
Operators seeking to qualify for the older-persons exemption under Va. Code § 36-96.7 generally maintain documented, published policies that demonstrate an intent to provide housing for persons 55 or older, and they track occupancy data to confirm that at least 80% of occupied units include at least one qualifying resident. Compliance typically involves keeping records of resident ages at move-in and updating those records as turnover occurs, so that the 80% threshold can be verified at any time. Properties operating under a qualifying state or federal elderly-housing program should confirm that their program's definitions align with the criteria set out in the statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 36-96.7 means that a community claiming older-persons status is not required to accept families with children, provided it genuinely meets the statutory criteria — including the 80% occupancy threshold and the publication of age-based policies. Tenants or applicants who believe a property is falsely claiming this exemption while failing to meet those criteria may have grounds to raise a fair housing concern, since the exemption is only valid when all conditions are satisfied. Tenant-rights organizations and the Virginia Fair Housing Office can provide general information about how to document a potential violation or understand available complaint processes.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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