Table of content
- The “Silver Tsunami” is Here: Managing Senior Affordable Housing in Hawaii
- Key Takeaways
- The Big Divide: 55+ vs. 62+ Communities
- Comparison Table: Which Rule Applies to You?
- The “Intent” Requirement
- “Aging in Place”: Service Coordinators & Design
- 1. The Service Coordinator (SC)
- 2. Universal Design Features
- The “Kupuna Cliff”
- The Business Case: Why Invest in Senior Housing?
- Compliance Audit: Are You HOPA Ready?
- Frequently Asked Questions
Hawaii has the highest life expectancy in the US. We also have a rapidly aging population that is “asset rich” in real estate but often “cash poor” in retirement. By 2035, it is estimated that 1 in 4 Hawaii residents will be over age 65.
This creates a massive demand for Senior Affordable Housing.
However, managing a “Senior” property is legally distinct from managing a standard family building. You are allowed to discriminate against families with children—but only if you follow the “Housing for Older Persons Act” (HOPA) rules perfectly.
At HAPI, we manage some of the islands’ most successful senior communities. Here is your guide to serving our Kupuna while staying compliant.
Key Takeaways
- The “No Kids” Rule: You can generally refuse families with children, but only if you meet the strict 55+ or 62+ definitions.
- 55+ vs. 62+: These are not just marketing terms. They are federal legal classifications with different occupancy rules.
- Service Coordination: Successful senior housing isn’t just about rent; it’s about partnering with agencies like Catholic Charities to help residents “age in place.”
- Live-In Aides: You must allow necessary caregivers, even if they are under the age limit.
The Big Divide: 55+ vs. 62+ Communities
Get this wrong, and you lose your Fair Housing exemption.
Under Hawaii Fair Housing Laws, discriminating against families with children (“Familial Status”) is generally illegal. The Exception: The “Housing for Older Persons” (HOPA) exemption allows you to ban children if you fit one of these two buckets.
Comparison Table: Which Rule Applies to You?
| Feature | 62+ Community (Strict) | 55+ Community (Flexible) |
|---|---|---|
| Primary Rule | 100% of households must have all occupants 62+. | 80% of units must have at least one occupant 55+. |
| Spouses | Not Allowed if under 62. Both must be 62+. | Allowed. A 55-year-old can live with a 50-year-old spouse. |
| Children/Grandchildren | Strictly Prohibited. | Generally Prohibited, unless they fall into the “20% cushion” (rare). |
| Audit Requirement | Minimal. Verify age at move-in. | High. Must audit files every 2 years to prove 80% ratio. |
| Best For… | Funding sources that require strict elderly definitions (HUD 202). | Market-rate or LIHTC properties wanting a wider tenant pool. |
The “Intent” Requirement
Regardless of which option you choose, you must adhere to the “Intent to Operate” rule. You cannot just happen to have old tenants. You must:
- Explicitly state in your lease and house rules that the property is “Housing for Older Persons.”
- Market the property specifically to seniors.
- Actually enforce the age restrictions consistently.
“Aging in Place”: Service Coordinators & Design
Designing for the long term reduces turnover.
In Hawaii, we respect our elders. “Evicting Grandma” because she can no longer clean her apartment is a PR nightmare and legally risky. To manage senior housing successfully, you need to facilitate Aging in Place:
1. The Service Coordinator (SC)
This is the most valuable staff member in a senior building. Often funded by HUD SCMF Grants, the SC does not collect rent. Their sole job is to connect residents with services:
- Meals: Coordinating “Meals on Wheels” deliveries.
- Transportation: Helping residents sign up for TheHandi-Van.
- Health: Arranging on-site flu shot clinics or blood pressure checks.
2. Universal Design Features
To avoid Fair Housing complaints and reduce liability, your maintenance team should prioritize these upgrades:
- Lever Handles: Replace round door knobs (hard for arthritic hands) with levers.
- Emergency Pull Cords: Ensure these are tested monthly (see our NSPIRE Inspection Guide).
- High-Contrast Flooring: Use contrasting colors between floors and walls to help residents with failing eyesight navigate and prevent falls.
The “Kupuna Cliff”
Why demand is skyrocketing.
- Life Expectancy: Hawaii residents live to an average of 81 years, roughly 3 years longer than the mainland average.
- The Income Gap: A senior on Social Security alone might earn $1,800/month. The average studio rent in Honolulu is $1,600+.
- The Waitlist: There is virtually zero inventory for low-income seniors. Waitlists for Section 202 properties (HUD Senior Housing) can stretch 3 to 5 years.
The Business Case: Why Invest in Senior Housing?
It’s not just charity; it’s smart strategy.
While the compliance rules are stricter, Senior Housing offers distinct financial advantages for owners:
- Lower Turnover: Seniors tend to stay for 10+ years, significantly reducing vacancy loss and turn costs compared to family units.
- Less Wear and Tear: Senior units typically require less heavy maintenance (carpet replacement, wall repairs) than units occupied by large families.
- Guaranteed Income: Most seniors have stable, government-backed income (Social Security, Pensions) that is recession-proof.
Compliance Audit: Are You HOPA Ready?
To legally ban children, you must be able to prove your status during an audit.
1. Age Verification (The Paper Trail) Do you have copies of reliable proof of age for every occupant in the file?
- Acceptable Proof: Birth certificate, driver’s license, passport, or immigration card.
- Requirement: You must verify age at move-in and keep this in the permanent tenant file.
2. The “Intent” Test (The Marketing) Do your lease and house rules explicitly state the community is “Housing for Older Persons”?
- Requirement: You must publicly declare your intent to operate as senior housing in all advertisements, signage, and brochures. You cannot be “secretly” senior.
3. The Biennial Audit (The 55+ Rule) Have you performed a physical audit of all occupants in the last 2 years?
- Requirement: For 55+ communities, HOPA requires you to survey the residents every two years to confirm you are still meeting the 80% threshold. If you dip below 80%, you lose your exemption and must allow children.
Frequently Asked Questions
Can a senior resident have their grandchild live with them?
A: Generally, No. If the grandchild is under 18, this violates the HOPA exemption (unless it falls into the “20% cushion” of a 55+ community, but this is rare and risky). However, short-term visits (e.g., up to 14 days) are usually allowed.
What about a Live-In Caregiver?
A: Yes. A Live-In Aide (caregiver) is not a tenant. They do not have to meet the age requirement, and their income is not counted for LIHTC qualification. You must allow them as a Reasonable Accommodation.
Can I evict a senior who gets dementia?
A: No. You cannot evict solely based on a disability. However, if the resident’s behavior becomes a direct threat to others (e.g., leaving the stove on, wandering into other units), you can work with their family or social services to transition them to a higher level of care.
Is "Assisted Living" the same as "Senior Affordable Housing"?
A: No.
- Independent Living (Affordable): The tenant lives alone. No medical care is provided by the landlord.
- Assisted Living: The facility provides medical care, meals, and bathing. This is a healthcare facility, not just housing.
Can I charge a higher deposit for seniors with walkers/wheelchairs?
A: Absolutely not. That is illegal Disability Discrimination. You cannot charge extra for medical equipment or the “risk” of damage.
Honor Our Kupuna with
Quality Management
Senior housing requires a delicate balance of strict compliance and compassionate care.
If you are developing or managing a senior asset, Contact HAPI to ensure your community thrives.


