3.11.1.3 Housing Restricted to Persons Age 62+

A. Properties proposing to restrict occupancy exclusively to persons 62 years of age or older may be eligible for FHA mortgage insurance, but only under the Section 231 program. Although housing intended for, and solely occupied by, persons 62 years of age or older is a recognized exemption from the familial status provisions of the Fair Housing Act, 42 U.S.C. § 3607(b)(2)(B), it is FHA’s policy to allow this restriction on occupancy only for Section 231 transactions.