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Oran a Coun North Carolina - AIFCH - 2007 <br />9 tY~ <br />The FHAA provides for three categories of senior housing: <br />(1) Housing provided under a state or federal program that HUD determines is "specifically <br />designed and operated to assist elderly persons." <br />(2) Housing intended for and only occupied by persons who are 62 or older. <br />(3) Housing "intended and operated for occupancy by at least one person 55 years of age or <br />older per unit," which means that the housing must have at least 80% of its units occupied by at <br />least one person 55 years of age or older, must have facilities and services designed to meet <br />the needs of older persons and must adhere to the policies and procedures that demonstrate an <br />intent to provide housing for persons 55 or older. <br />The FHAA also provided for certain "transition" rules for existing complexes. <br />Although the FHAA does not address the issue of advertising for senior complexes, the HUD <br />regulations make clear that there is a parallel exemption from the discriminatory advertising <br />provisions. Therefore, advertising for qualified "housing for older persons" under the FHAA may <br />make reference to the age of the desired residents. <br />A. HUD Advertising Guidance <br />Originally; terms such as "excellent view", "walk-in closet", "bachelor" or "bachelorette" and <br />names such as "The Baptist Home" could have been viewed as discriminatory. Currently, when <br />these are placed in their proper context, they are not "red-flagged" as discriminatory. <br />Words, symbols, logos and colloquialism indicative of or implying race, color, religion, sex, <br />handicap, familial status, or national origin, should be avoided, as should catch words and <br />phrases such as "restricted", "exclusive", "private", "integrated", "traditional", "board approval" or <br />"membership approval". <br />Those liable under this guidance include: <br />• Print media publishers <br />• Radio and television broadcasters <br />• Advertising agencies <br />• Sales firms <br />• Real estate professionals <br />• Management companies <br />• Web-based services <br />• Clients of any of the above <br />Jury cases involving discriminatory real estate advertising in the Washington, D.C.-Baltimore, <br />Maryland area have resulted in jury awards of $850,000 and $2 million. In addition, a successful <br />plaintiff in a discriminatory advertising suit is generally entitled to have the court order the <br />defendant to pay the plaintiffs attorneys' fees, which can be significant. Where the defendant <br />26 <br />