HUD, via its Assistant Secretary for Fair Housing and Equal Opportunity, recently issued a memo intended to clarify the United States Fair Housing Act (the “Act”) with respect ‘age-restricted housing’ and/or ‘housing for older persons’, and the possible desire of those associations to help provide housing to those affected by Hurricane Sandy. HUD issued a similar memo following Hurricane Katrina, in 2005, with respect to the Gulf Coast. Here, HUD offered the memo to provide “guidance to afford flexibility in the use of unoccupied units of housing for older persons for Hurricane Sandy evacuees”. More specifically, HUD wants “housing for older persons” developments to know that it interprets the Act’s “housing for older persons” exemption as broad enough to allow these associations to “admit evacuees under the age of 55 and not count them toward the 80% and 20% calculations, so long as the housing provider admits evacuees regardless of familial status, or other prohibited identifications. HUD already excludes from that calculation “caretakers and maintenance workers”.