Not legal advice. Requirements may change — always verify with your local government authority before applying. Last verified: .
Quick answer: what do you need to open an assisted living facility?
- 1State residential care facility license — Called RCFE in California, ALF in Texas and Florida, Adult Care Facility in New York. Licensed exclusively at the state level. Application to pre-opening inspection typically takes 90–180 days.
- 2Certificate of Need (if applicable) — Required in approximately 20 states. CON applications can take 12–24 months and require community need analysis and financial feasibility studies. Attorney representation is essential.
- 3Medicaid HCBS waiver enrollment — Pays for personal care services (not room and board) for income-eligible residents. Requires Medicaid provider enrollment and often MCO contracts. Medicare does NOT cover ALF costs.
- 4NFPA 101 Life Safety Code compliance — Full automatic sprinkler system, interconnected smoke detectors, two remote means of egress, quarterly fire drills. Sprinkler installation alone can cost $30,000–$80,000 in converted residential buildings.
- 5Administrator certification — State-issued credential required for the facility manager/executive director. Requires state-approved training (26–40 hours), state exam, and background clearance. Timeline: 30–90 days after completing training.
- 6Zoning / Conditional Use Permit — Facilities with 7+ beds typically require a CUP or commercial zoning in residential areas. Small homes (6 or fewer residents) often qualify for state-law preemption of local zoning restrictions.
- 7HIPAA compliance program — If billing Medicaid electronically, you are a covered entity under 45 CFR Parts 160 and 164. Must have Notice of Privacy Practices, Business Associate Agreements, and Security Rule safeguards.
1. State residential care facility licensing
Assisted living facilities are regulated entirely at the state level. There is no federal ALF license — each state has its own licensing agency, terminology, regulatory framework, and inspection protocol. The first step in opening an ALF is identifying your state's residential care licensing agency and understanding its specific requirements for your proposed facility size and resident population.
Licensing is triggered by the type of care provided — not just the building. Providing personal care assistance (bathing, dressing, grooming, medication management, supervision for cognitive impairment) to two or more unrelated adults in exchange for compensation requires a state license in virtually every state, regardless of whether you call the operation an "assisted living facility," "residential care home," "board and care home," or "memory care community."
State-by-state terminology and licensing agencies
| State | License Name | Licensing Agency | Key Statute |
|---|---|---|---|
| California | Residential Care Facility for the Elderly (RCFE) | CDSS Community Care Licensing | H&S Code §§ 1569–1569.988 |
| Texas | Assisted Living Facility (ALF) — Type A or B | TX HHSC | TX Health & Safety Code, Ch. 247 |
| Florida | Assisted Living Facility (ALF) | Florida AHCA | Ch. 429, Part I, Fla. Stat. |
| New York | Adult Home / ALP / EALP | NY DOH | 18 NYCRR Parts 485–488 |
| Illinois | Assisted Living Establishment / SLF | IDPH | 77 Ill. Adm. Code 295 |
| Pennsylvania | Personal Care Home / Assisted Living Residence | PA DOH | 55 Pa. Code Chapter 2600 |
| Arizona | Assisted Living Facility / ALH (1–10 beds) | ADHS | A.R.S. § 36-401 et seq. |
| Washington | Adult Family Home / Assisted Living Facility | WA DSHS | RCW 18.20 |
Verify current requirements with each state's licensing authority — regulations change frequently.
Operating without a license is a criminal offense
In California, operating an unlicensed residential care facility is a misdemeanor under Health and Safety Code § 1569.46. In Florida, it is a third-degree felony under § 429.14. Most states treat unlicensed operation as a criminal matter, not just a civil infraction. Never accept a single paying resident before your license is issued.
2. Certificate of Need (CON) requirements
A Certificate of Need (CON) is a state regulatory approval — separate from the ALF license — required before establishing, expanding, or making major capital expenditures at a healthcare facility. CON programs were created under the National Health Planning and Resources Development Act of 1974 (since repealed at the federal level) and are now administered entirely at the state level. As of 2026, approximately 35 states retain CON programs, though not all apply them to assisted living specifically.
States that apply CON requirements to assisted living or residential care beds include: Alabama, Georgia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Jersey, New York, North Carolina, Oregon, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, and West Virginia, among others. In several of these states, CON applies only to facilities above a specific bed threshold (e.g., facilities with 4+ or 16+ beds).
The CON application requires: a community needs analysis demonstrating insufficient existing ALF capacity in the proposed service area, a detailed capital cost justification, financial feasibility projections (typically 3-year proformas), evidence of access to capital, and in some states, a certificate of occupancy from a licensed architect. Public comment periods allow existing facilities to object — and they do.
CON is a 12–24 month process — plan accordingly
In New York, a full CON application for a new Assisted Living Program can take 18–30 months. In Maryland and Virginia, contested CON proceedings routinely run over a year. If your target state requires CON for ALFs, engage a healthcare attorney with CON experience before site selection — the location you choose will determine whether a CON is likely to be granted.
3. Medicaid HCBS waiver enrollment and reimbursement
Understanding how Medicaid works in assisted living is essential to your business model. The key distinction: Medicare does not pay for assisted living costs. Medicare is acute care insurance — it does not cover custodial care or room and board in an ALF setting, even for Medicare-eligible residents. This surprises nearly every prospective ALF operator (and most future residents' families).
Medicaid can pay for assisted living services through Home and Community-Based Services (HCBS) 1915(c) waivers. Under Section 1915(c) of the Social Security Act (42 U.S.C. § 1396n(c)), states may apply to CMS for waivers to provide Medicaid-funded HCBS as an alternative to institutional (nursing home) placement. All 50 states now have at least one approved HCBS waiver program.
Critical points for ALF operators seeking Medicaid reimbursement:
- —Services, not room and board: Medicaid waiver pays for personal care, supervision, and other qualifying services. Residents must separately pay room and board from personal income (SSI, Social Security) or other sources. This is a critical distinction in your financial model.
- —Provider enrollment timeline: Medicaid provider enrollment takes 60–180 days after licensure. Submit your enrollment application immediately after receiving your ALF license — do not wait until you have residents.
- —Managed care contracts: Many states have transitioned Medicaid LTSS to managed care organizations (MCOs). To serve Medicaid waiver residents in these states, you must contract individually with each MCO operating in your area. MCO credentialing adds another 30–90 days.
- —Reimbursement rates: Medicaid waiver rates for personal care services in ALFs typically range from $40–$80/day depending on the state and resident acuity level. These rates are almost always below private-pay rates — Medicaid residents reduce your per-bed margin but can help maintain occupancy.
- —Waiver slots may be limited: HCBS waivers are "capped" programs — states set a maximum number of participants. In states with high Medicaid LTSS demand (Florida, Texas, California), there may be waiting lists for waiver slots. Verify waiver availability in your target market.
The Olmstead obligation
The U.S. Supreme Court's 1999 decision in Olmstead v. L.C., 527 U.S. 581 (1999), held that unjustified institutionalization of individuals with disabilities violates the ADA's integration mandate. This has driven states to expand HCBS waiver capacity as an alternative to nursing home placement — which broadly benefits the ALF market by expanding Medicaid funding available for community-based residential settings.
4. Fire safety: NFPA 101 Life Safety Code and ADA compliance
Life safety compliance is typically the most capital-intensive pre-opening requirement for ALFs operating in existing buildings. Most states have adopted NFPA 101, the Life Safety Code, as the applicable standard for residential board and care occupancies, which is the NFPA classification that covers most ALFs.
NFPA 101 requirements for residential board and care (Chapter 32/33)
- —Automatic sprinkler system: New board and care occupancies (Chapter 33) must be fully sprinklered per NFPA 13 or, for smaller facilities, NFPA 13R (residential). Existing facilities without sprinklers may be operating under a phase-in compliance timeline in their state, but this window is closing in most jurisdictions. Estimated cost for a 20-bed converted residential facility: $30,000–$80,000 for full installation.
- —Smoke detection: Interconnected, hard-wired smoke detectors with battery backup required in every resident sleeping room, corridor, common area, and mechanical room. Must be connected to a central monitoring station or local alarm audible throughout the facility.
- —Two means of egress: Every resident sleeping area must have two remote means of egress. For a single-story converted house, this typically means a primary door and a secondary door or window-based egress (with window well if below grade).
- —Corridor width: Typically 44 inches minimum to allow wheelchair passage. A converted residential building often requires framing demolition and reconstruction to achieve this width in hallways.
- —Emergency lighting: Battery-backed emergency lighting must illuminate all egress paths, including corridors and stairwells.
- —Fire drills: Quarterly fire drills are required by most states. Drill records must be maintained for a minimum of 12 months and presented to inspectors on demand.
ADA compliance for ALFs (28 CFR Part 36)
ALFs serving 6 or more residents generally qualify as places of public accommodation under ADA Title III, requiring compliance with the ADA Standards for Accessible Design. For existing facilities, the standard is "readily achievable" barrier removal. For new construction, full ADA compliance is required. Key ALF-specific ADA requirements include:
- —Accessible route from parking to building entrance (no steps, compliant curb cuts)
- —Accessible restrooms with grab bars, turning radius (60-inch minimum), compliant sink height, roll-under clearance
- —Accessible common areas (dining room, activity room, outdoor space)
- —Accessible door hardware (lever handles, not round knobs; maximum 5 lbs opening force)
- —Van-accessible parking spaces (1 per 6 accessible spaces)
Budget for fire and ADA work before you close on a property
Many first-time ALF operators discover after purchase that the building requires $100,000–$300,000 in fire and ADA upgrades to pass pre-licensing inspection. Always hire a licensed architect experienced in healthcare occupancy and ADA compliance to conduct a pre-purchase code assessment. The cost of this assessment ($2,000–$5,000) is trivial compared to discovering a sprinkler or egress problem after escrow closes.
5. Administrator certification and licensing requirements
Most states require the individual who manages the day-to-day operations of an ALF to hold a state-issued administrator certificate or license — a credential held by the person, not the facility. This requirement exists to ensure that ALFs are managed by individuals with demonstrated knowledge of resident care standards, regulatory compliance, and emergency procedures.
| State | Credential Name | Training Hours | Exam Required? | Issuing Agency |
|---|---|---|---|---|
| California | RCFE Administrator Certificate | 40 pre-cert + 20 CE/2 yrs | Yes (state exam) | CDSS |
| Texas | ALF Manager Certificate | 26 hours | Yes (state exam) | TX HHSC |
| Florida | ALF Core Training Certificate | 26 hours core training | No state exam; CE req. | AHCA-approved providers |
| New York | ALP/Adult Home Administrator | Varies; exp. required | No formal exam; DOH approval | NY DOH |
| Illinois | Licensed Nursing Home Administrator (NHA) | Full NHA program | Yes (NAB exam) | IL IDFPR |
Background clearance is a universal requirement — all states conduct criminal background checks on ALF administrators and owners through the state background check system, the FBI/CJIS database, and state adult abuse registries. Any substantiated finding of resident abuse, neglect, or exploitation will disqualify an individual from holding an administrator certificate in virtually every state.
6. Staffing ratios and caregiver training requirements
Unlike skilled nursing facilities — which are subject to federal minimum staffing standards under 42 CFR Part 483 — assisted living facilities have no federally mandated staffing ratios. Requirements are set entirely by state regulation and vary enormously. Labor is typically 60–70% of ALF operating costs, making staffing strategy a critical financial and compliance decision.
State-by-state staffing requirements (overview)
- CA:RCFE regulations require "sufficient staff" to meet care plan needs. No numerical ratio. 24-hour staffing with awake staff required for facilities where any resident requires nighttime care. Large RCFEs (16+ beds) must maintain documented staffing plans.
- TX:Type B ALFs must have an awake staff person on duty at all times. Staffing plan must be based on resident assessments. No published numerical ratio.
- FL:1 staff per 20 residents during day shift (for 17+ bed facilities). At least one staff person on duty at all times. ECC-designated facilities (serving dementia residents) require additional training and may require additional staff ratios per AHCA review.
- NY:Assisted Living Programs require more detailed staffing per NYSDOH, approaching nursing home standards. Adult homes require 24-hour supervision.
Dementia care training mandates
With 60–70% of ALF residents nationally estimated to have some form of dementia or cognitive impairment, dementia care training is practically universal even where not legally mandated. States with specific dementia care training requirements include:
- —California: 10 hours initial + 4 hours annual CE for all staff in facilities serving persons with dementia (22 CCR § 87411)
- —Florida: 3 hours dementia-specific initial training + 1 hour annual for all direct care staff (58A-5.0191 FAC)
- —Texas: ALF staff serving residents with Alzheimer's must complete HHSC-approved dementia training within 90 days of hire
- —Washington: Adult family home providers and staff serving dementia residents must complete a DSHS-approved 12-hour dementia specialty training program
Medication management and nursing scope
Medication administration in ALFs is governed by state nursing practice acts. In most states, only a licensed nurse (RN or LPN/LVN) can administer medications. Unlicensed staff may assist a resident with self-administration (handing a resident their own medication if they can identify and take it themselves) but cannot independently administer medications. Many states authorize a "medication aide" or "certified medication technician" (CMT) category — trained unlicensed staff who can administer oral medications under nurse supervision — which significantly reduces your nursing labor cost.
Medication errors are a leading cause of ALF deficiency citations
Across all states, medication-related deficiencies consistently rank as one of the top three most common ALF citation types during annual inspections. Build a medication management system with double-check protocols, medication administration records (MARs), and clear documentation of who administered what and when, from day one.
7. HIPAA compliance for resident health records
If your ALF electronically bills Medicaid for services, you are a HIPAA Covered Entity under 45 CFR Part 160 and must comply with both the Privacy Rule (45 CFR Part 164, Subpart E) and the Security Rule (45 CFR Part 164, Subpart C). Even if you operate private-pay only and never bill electronically, state law typically imposes equivalent resident health information protections.
Key HIPAA compliance requirements for ALFs
- —Notice of Privacy Practices (NPP): Must be provided to every resident (or their legal guardian/healthcare proxy) at the time of admission. Must explain how the facility uses and discloses PHI and describe resident rights. Must be posted prominently in the facility.
- —Business Associate Agreements (BAAs): Required with every vendor who creates, receives, maintains, or transmits PHI on your behalf — EHR software vendors, billing services, pharmacies delivering to the facility, therapy providers, and others. A missing BAA is a routine HIPAA audit finding.
- —Workforce training: All employees must receive annual HIPAA training. Training must be documented with signed acknowledgments.
- —Security Risk Analysis: The Security Rule requires a thorough analysis of risks to the confidentiality, integrity, and availability of electronic PHI (e-PHI). This must be conducted before you begin handling e-PHI and updated whenever there are significant operational or environmental changes.
- —Encryption: While not an absolute requirement, the Security Rule's addressable implementation specifications require you to assess and implement encryption for e-PHI at rest and in transit, or document why it is not reasonable and appropriate. In practice, all modern HIPAA-compliant EHR systems encrypt data — use one.
- —Breach notification: Under 45 CFR § 164.400 et seq., a breach of unsecured PHI must be reported to affected individuals within 60 days of discovery, to HHS annually (or immediately for breaches affecting 500+ residents), and to media in states where 500+ state residents are affected.
8. Insurance requirements and coverage
Insurance for assisted living facilities is complex and expensive relative to non-healthcare businesses. The liability exposure is significant: falls (the leading cause of serious injury in ALFs), medication errors, elopements (memory care residents leaving the facility unsupervised), infections, and elder abuse allegations each create potential claims. Most state licensing agencies require proof of specific minimum insurance coverage as a pre-licensing condition.
| Coverage Type | Purpose | Typical Limits | Est. Annual Premium |
|---|---|---|---|
| General Liability | Bodily injury / property damage | $1M / $3M aggregate | $5,000–$12,000 |
| Professional Liability | Medication errors, care failures | $1M / $3M aggregate | $5,000–$25,000 |
| Abuse & Molestation | Elder abuse allegations | $500K–$1M | $2,000–$8,000 |
| Workers' Compensation | Staff injuries (back, slip/fall) | Statutory | $8,000–$20,000 |
| Property & BI | Building, contents, lost income | Replacement cost | $3,000–$10,000 |
| Cyber Liability | PHI data breach (HIPAA) | $1M | $1,500–$5,000 |
Total annual insurance cost for a 20-bed ALF: $15,000–$40,000. Work with a broker specializing in long-term care facilities — standard commercial brokers often lack ALF expertise.
9. Zoning and Conditional Use Permit requirements
Municipal zoning is the hidden barrier that sinks ALF projects that have already secured state licensing and investment. Understand the zoning requirements for your proposed location before you sign a lease or purchase agreement.
Small homes (6 or fewer residents): California (H&S Code § 1566.3), Texas (Health & Safety Code § 123.003), and many other states preempt local zoning ordinances for small group homes. These facilities are deemed single-family residential uses as a matter of state law and cannot be prohibited or required to obtain a CUP in any residential zone where single-family housing is permitted. This preemption is a powerful tool for smaller board-and-care operators.
Larger facilities (7+ beds): Above the preemption threshold, most municipalities require either a Conditional Use Permit (CUP) in a residential zone or rezoning to a commercial or mixed-use zone. The CUP process involves a public hearing, neighbor notification, and planning commission review. Conditions of approval commonly include: maximum bed count, landscaping and screening requirements, parking minimums, operating hour restrictions, and annual review.
Fair Housing Act protections: The Fair Housing Amendments Act of 1988 (42 U.S.C. § 3604) prohibits municipalities from discriminating against group homes for persons with disabilities. If a municipality denies a CUP for an ALF under circumstances where it would grant a comparable permit for a non-disability-related use, that denial may constitute an FHA violation. Courts have consistently held that disability-based discrimination in zoning is actionable under the FHA.
Do not purchase before verifying zoning
Zoning approval is not guaranteed even in areas where ALFs appear to operate. Moratoriums on new group care facilities, neighborhood opposition, and prior conditional use restrictions on a property can all block a CUP. Always confirm zoning status and CUP availability with the local planning department in a pre-application meeting before entering into any purchase or lease agreement.
10. Startup cost breakdown
Assisted living startup costs vary dramatically by facility size, location, and whether you are acquiring an existing facility or building from the ground up. The table below reflects realistic 2026 ranges across three common startup scenarios.
| Cost Category | Small Home (6 beds) | Mid-Size (20 beds) | Large (50 beds, new) |
|---|---|---|---|
| Property (purchase or 1st yr rent) | $30,000–$80,000 | $200,000–$600,000 | $1.5M–$4M |
| Renovation / Fire/ADA upgrades | $30,000–$100,000 | $80,000–$300,000 | $0 (new construction) |
| Licensing, CON, permits | $2,000–$8,000 | $5,000–$40,000 | $20,000–$100,000 |
| Furnishings and equipment | $20,000–$50,000 | $80,000–$200,000 | $250,000–$600,000 |
| Staffing (pre-revenue, 3 months) | $20,000–$50,000 | $90,000–$240,000 | $300,000–$600,000 |
| Insurance (annual) | $8,000–$15,000 | $15,000–$40,000 | $50,000–$120,000 |
| Total estimated startup | $110,000–$300,000 | $470,000–$1.4M | $2.1M–$5.4M+ |
Revenue potential: At national average private-pay rates of $4,500–$7,000/month, a fully occupied 20-bed ALF generates $1.08M–$1.68M/year in gross revenue. Operating margins for well-run ALFs typically run 15–25% EBITDA after staffing, food, utilities, and insurance. Memory care commands premium rates and typically delivers higher margins due to longer resident tenures.
11. Common mistakes when starting an assisted living facility
Accepting residents before the license is issued
This is a criminal offense in most states. Never allow a paying resident (or a resident receiving care in exchange for anything of value) to occupy your facility before the state license is in hand. Even accepting a deposit while planning to accept the resident before licensure can constitute unlicensed operation.
Failing to hire a licensed administrator before applying for licensure
Most states require the proposed administrator to be identified — and in some states, already certified — as part of the initial license application. If the administrator certification process takes 60–90 days (including exam and background check), this must be started well before you intend to submit the license application. A missing or unqualified administrator is a leading cause of license application rejection.
Underestimating fire and ADA upgrade costs
The single most common cause of budget overruns in ALF startups is discovering — after closing on a property — that the building requires far more fire safety and ADA work than anticipated. A full sprinkler system in a 3,000 sq ft converted home can cost $40,000–$80,000. Widening corridors and installing ADA-compliant bathrooms can add another $50,000–$150,000. Always commission a pre-purchase code compliance assessment from a licensed healthcare architect before signing.
Failing to verify Medicaid waiver availability before committing to a Medicaid-reliant business model
HCBS waivers are capped programs. In high-demand states, waiver slots may have waiting lists of months or years. If your financial model depends on a specific number of Medicaid waiver residents from opening, verify actual waiver slot availability with your state Medicaid agency before finalizing projections.
Skipping the zoning pre-application meeting
Many operators discover a zoning obstacle only after signing a lease or purchasing a property. The pre-application meeting with the local planning department costs nothing and can reveal dealbreaking issues — prior CUP denials on the parcel, neighborhood moratoriums, or zoning classifications that prohibit residential care — before you are legally committed to the property.
12. Assisted living facility startup checklist
- 1.Research state licensing requirements — Identify the applicable license type, licensing agency, pre-application requirements, and timeline for your state. Download the state's licensing application packet and pre-licensing checklist.
- 2.Determine CON applicability — Contact your state health department to confirm whether a Certificate of Need is required for your proposed facility size and location. If yes, engage a healthcare attorney with CON experience immediately.
- 3.Conduct zoning pre-application meeting — Before site selection, meet with local planning staff to confirm zoning compatibility and CUP requirements for your proposed bed count.
- 4.Commission pre-purchase code assessment — Hire a licensed architect with healthcare occupancy experience to assess fire/life safety and ADA compliance requirements before property purchase.
- 5.Identify and certify your administrator — Begin the administrator certification process (training, exam, background check) at least 90 days before your target license application submission date.
- 6.Submit license application — Include all required attachments: facility floor plan, administrator credentials, proof of insurance, fire inspection clearance (if required pre-application), and background check authorizations.
- 7.Complete fire and ADA upgrades — Obtain building permits, complete sprinkler installation, corridor modifications, and ADA bathroom upgrades. Schedule pre-licensing fire inspection with the state fire marshal and/or local fire department.
- 8.Apply for Medicaid provider enrollment — Submit Medicaid provider enrollment application immediately after receiving your ALF license. Begin MCO credentialing applications simultaneously.
- 9.Hire and train staff — Complete all background checks before staff work with residents. Document all required training (dementia care, first aid/CPR, medication management). Establish staffing plans meeting state ratio requirements.
- 10.Implement HIPAA compliance program — Designate a Privacy Officer, draft Notice of Privacy Practices, execute BAAs with all vendors, conduct Security Risk Analysis, and implement EHR system before admitting residents.
- 11.Obtain all required insurance — Secure GL, professional liability, abuse coverage, workers' comp, and property coverage before accepting any residents. Provide proof of insurance to state licensing agency.
- 12.Pass pre-opening inspection — Most states conduct a pre-opening inspection of the physical plant before the license is issued. Prepare a facility readiness binder with all required documentation (training records, emergency plans, menu, staffing schedule) for the inspector.
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Frequently asked questions
What state license does an assisted living facility need to operate?
What is a Certificate of Need (CON) and does my state require one?
Does Medicare or Medicaid pay for assisted living?
What administrator certification does an ALF require?
What are the staffing ratio and training requirements for an ALF?
What fire safety and physical plant requirements apply to assisted living facilities?
What HIPAA obligations apply to assisted living facilities?
What insurance coverage does an assisted living facility need?
What does it cost to start an assisted living facility?
What zoning and land use approvals does an assisted living facility require?
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Official Sources
- CMS: Home and Community-Based Services (HCBS) 1915(c) Waivers
- CMS: Medicaid Managed Long-Term Services and Supports (MLTSS)
- HHS: Affordable Care Act and Long-Term Care
- California CDSS: Residential Care Facilities for the Elderly (RCFE) Licensing
- Texas HHSC: Assisted Living Facility Licensing
- Florida AHCA: Assisted Living Facility Licensure
- New York DOH: Adult Care Facility Certification
- NFPA 101: Life Safety Code (2021 Edition)
- ADA: Title III — Places of Public Accommodation (28 CFR Part 36)
- HIPAA: Security Rule (45 CFR Parts 160 and 164)
- AHCA/NCAL: Assisted Living State Regulatory Review
- SBA: Apply for Licenses and Permits
- CMS: Olmstead and Community Integration
- National Center for Assisted Living (NCAL): State Regulatory Overview
- HUD: Fair Housing Act and Senior Housing (42 U.S.C. § 3607)