Fair Housing Question - Age?

[Sylvia B.]

According to Nolo.com, "The federal Fair Housing Acts do not expressly ban discrimination based on age. Nevertheless, it is definitely forbidden under the broader prohibition against discrimination on the basis of familial status."

I am shopping for a vacation rental for next year, and in the area I want to rent almost all of the VRBO ads state that the primary renter must be at least 25. Some of them add, "or at least 21 and married". I'm pushing 60, so it doesn't hurt me any. I understand the reasoning - this is a beach community and they don't want to rent to groups of college kids. But, no matter how reasonable the restriction is, aren't they flirting with Fair Housing lawsuits?

[Charlie MacPherson]

@Sylvia B. This kind of thing varies by locale.  There are 7 protected classes at the federal level.

Race, color, disability, religion, sex, familial status and national origin.

Here in MA, we have 15.  Race, color, national origin, gender, gender identity, sexual orientation, disability, ancestry, genetic information, marital status, veteran or active military status, age, familial status (i.e., children), and source of income (i.e., Section 8 voucher)

There are two exceptions to age discrimination.  

1. 55+ communities are allowed to discriminate against those younger than 55.

2. In an owner-occupied 2-plex or 3-plex, an elderly (I think it's 60+?) can refuse to rent to a family with young children if they can show that it represents a hardship.  Except that no exemption applies to any real estate licensee.

In other words, these things really do vary by locale.