This Is A Member-Only Page Some residential property that is owned by mom and pop landlords, or that is owner-occupied, may be exempt from federal law. That owned by religious organizations and clubs, or is classified as senior housing may also be exempt from fair housing law, in some cases. However, property owners who are otherwise exempt from the law must still comply with it's prohibitions against discrimination in advertising. Small Property & Owner-occupied: Fair Housing exemptions, sometimes called the "Mom & Pop" exemption applies to the following. Individuals who own three single family homes, or less at any one time. Owner-occupied buildings that have four units or less. The owner must reside in one of the units to claim the exemption. Senior Citizen Housing: A landlord can only discriminate against tenants with children if the property meets the following criteria: The housing is intended solely for persons 62 years old or above. 80% of the units have at least one occupant 55 years old or above and the building has age restrictions. Advertising can state: "No Children Allowed, or "Over 55 Building." But in cannot discriminate against other protected classes under the Fair Housing Law. UPDATE: HR660, passed in December 1995, eliminated a federal requirement that qualifying senior housing must provide significant facilities like community dining, health care or recreation to allow for restrictions against children. Religious Organizations and Private Clubs: A restriction on the sale or rental of property owned by groups may be limited to their members, if they meet the federal guidelines. Anyone who seeks to use this exception to Fair Housing Law should confirm it with competent legal counsel first, as an error in interpretation could prove costly. Fair Housing Requirements for People With Disabilities |