Is it legal or illegal for a college to deny housing (dormortory) to a student who is 26 years old when they advertise they have 21+ housing?

UPDATED: May 21, 2009

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Is it legal or illegal for a college to deny housing (dormortory) to a student who is 26 years old when they advertise they have 21+ housing?

I am attending Salem State College in Salem MA in the fall and their website says that they have 21+ housing. They had excepted me into the dorms but then called me a week later after they excepted me, and said that they are denying me because I am not the traditional college age (21-24). They even cahed my housing deposit check. What can I do to fight this? Is This even legal? everyone I talk to tells me what Salem is doing is age discrimination. Can you help me?

Asked on May 21, 2009 under Criminal Law, Massachusetts


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to find out what their policy is, if it is in writing and if so where. You also need to inquire as to your check, they do not have a right to the deposit and should have reimbursed you if you were denied housing

Age discrimination is a potential avenue to take here. What you will need to do is contact a local attorney who handles this type of case and ask them for their opinion. This type of meeting is often free and cases like this many times are taken on a contingency basis

You may also want to call the school directly to see where the miscommunication occurred. Make sure to document everything in case you do proceed legally

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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