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Jim's avatar

A striking example of America's gerontocratic bias, and one that attracts remarkably little attention, is age-restricted housing. The Housing for Older Persons Act of 1995 created an exemption to the Fair Housing Act to permit overt age discrimination in housing. It was this law that led to the proliferation of 55+ communities around the country. In some places, a significant fraction of the new housing units being delivered to the market are illegal for people of family formation age to occupy.

Since the law was only passed in the 1990s and the age-restricted communities only appeared gradually after that, its timing was perfect for the baby boomers. When they were young, all housing was available to them, but now that they are old, they have a category of housing reserved only for them.

This law is even more striking when you consider the fact that it's illegal to discriminate against the old in other contexts, such as the workplace. A 60-year-old in an "active adult" community can sue his employer if he's laid off due to his age and replaced by a 35-year-old, but he can also sue to block his neighbors from selling their house to that 35-year-old. There is no moral basis for this unprincipled exception.

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