Wyo. Stat. Ann. §§ 40-26-101 to 40-26-145 § 40-26-112
Housing for elderly exempted.
Operative Text
40-26-112. Housing for elderly exempted.
(a) The provisions of this chapter relating to familial
status and age do not apply to housing that the secretary of
housing and urban development determines is specifically
designed and operated to assist elderly individuals under a
federal program; the enforcing authority determines is
specifically designed and operated to assist elderly individuals
under a state program; is intended for, and solely occupied by,
individuals sixty-two (62) years of age or older; or is intended
and operated for occupancy by at least one (1) individual
fifty-five (55) years of age or older for each unit as
determined by enforcing authority rules. In determining whether
housing qualifies as housing for elderly because it is intended
and operated for occupancy by at least one (1) individual
fifty-five (55) years of age or older for each unit, the
enforcing authority shall adopt rules that require at least the
following factors:
(i) That at least eighty percent (80%) of the units
are occupied by at least one (1) individual fifty-five (55)
years of age or older per unit; and
(ii) The publication of, and adherence to, policies
and procedures which demonstrate an intent by the owner or
manager to provide housing for individuals fifty-five (55) years
of age or older.
(b) Housing may not be considered to be in violation of
the requirements for housing for elderly under this section by
reason of:
(i) Individuals residing in the housing as of July 1,
2015, who do not meet the age requirements of this section,
provided that new occupants of the housing meet the age
requirements; or
(ii) Unoccupied units, provided that the units are
reserved for occupancy by individuals who meet the age
requirements of this section.Section 40-26-112 of Wyoming's fair housing statutes carves out an exemption from the chapter's familial-status and age-discrimination rules for certain categories of senior housing. A property qualifies if it is federally or state-designated housing for elderly individuals, is exclusively occupied by residents aged 62 or older, or is operated so that at least one resident per unit is 55 or older and at least 80% of units meet that threshold. Properties that publish and follow written policies demonstrating an intent to serve the 55-and-older population, and that handle transitional occupants and vacant units in the prescribed way, are not treated as violating the exemption's requirements.
Plain English — not legal advice.
Operators of senior housing communities in Wyoming should be familiar with the qualifying criteria under § 40-26-112 to determine whether their property is eligible for the elderly-housing exemption from familial-status and age-discrimination provisions. For communities relying on the 55-and-older standard, compliant operators generally maintain documentation showing that at least 80% of units are occupied by at least one resident aged 55 or older, and they publish and adhere to written policies that demonstrate an intent to serve that age group. Operators also generally ensure that any residents who were in place as of July 1, 2015 and do not meet the age criteria are treated as grandfathered, while requiring new occupants and reserving vacant units for individuals who satisfy the age requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 40-26-112, Wyoming's fair housing protections related to familial status and age do not automatically apply to every housing community that markets itself as senior housing — the property must meet specific legal criteria to qualify for the exemption. Tenants who believe a community is improperly claiming the elderly-housing exemption while not actually meeting the 80% occupancy threshold or lacking published age-related policies may have grounds to raise that issue as a fair housing concern. General enforcement paths can include filing a complaint with the relevant enforcing authority under Wyoming's fair housing framework or contacting a tenant-rights organization for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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