The PDF in which this article appear can be found in Bifocal Vol. 46 Issue 4.
April 29, 2025
Illuminating Barriers to Aging in Place for Black Older Adults
Charity Dera
As the years pass, the silver strands of my grandmother’s hair increase at an exponential rate. Each strand on display is a micro portrait of wisdom, resilience, and undeniable love. Yet, in the aggregate, her crown of fine silver coils overwhelmingly attests to her tenure on this earth—one that has not been glamorous, but every bit worthwhile. Like many Americans, her desire is to “age in place,” a concept used to describe the preference of most older adults to remain in their homes and contribute to their communities for as long as possible. However, what does that look like for someone like my Black widowed grandmother? Though aging in place should not be a “one-size-fits all” approach, a simple Google search illuminates that an overwhelming amount of aging in place marketing is targeted almost exclusively toward White older adults. Legal professionals have a unique opportunity to speak to inequities and aid in providing tangible solutions so that barriers preventing some older Black Americans from aging in place can be eliminated. Attacking barriers that lead to housing instability would correlate directly with the rate of homelessness among this demographic and contribute positively to the holistic thriving of society.
Though many of the issues plaguing Black older adults should not be addressed in isolation, as they can be described as interwoven webs that speak to broader structural and institutional ideals, the purpose of this article will be to provide a non-exhaustive list that could help in identifying some of the real barriers older Black Americans may face when attempting to age in place.
Aging in Apartments
While renting can certainly be appropriate under individual circumstances, it can come with inherent disadvantages such as the inability to build equity, lack of tax benefits, reliance on a landlord, etc. Particularly for minority renters with disabilities who may be stewarding lower wages and inadequate Supplemental Security Income, being in such a predicament heightens the likelihood of becoming cost burdened and facing eviction, Additionally, a private landlord is not mandated to make reasonable accommodations or modifications for a disabled tenant under the Fair Housing Act (“FHA”) if that landlord is deemed exempt from abiding by the FHA. Furthermore, individuals with criminal records are not a protected group under the FHA, leaving these individuals vulnerable from receiving the protection of this Act.
Beyond the legal implications of navigating housing with a criminal record, for Black Americans, discrimination also plays a role in having a rental application accepted or rejected. In one striking social experiment conducted by the Greater New Orleans Fair Housing Action Center, mystery shoppers (one White and one African American) posed as prospective tenants and inquired about apartment availability and applicable criminal background policies. Testers were matched to ensure that all variables between testers were constant with the exception of race. The study showed that Black testers with criminal backgrounds experienced differential treatment half the time. For Black older adults with criminal backgrounds, both age and racial discrimination create additional layers of inequity, making the housing navigation process especially challenging.
Aging Historically Segregated Places
It is not coincidental that racial minorities, at times, live in highly concentrated areas within the same region of any particular metropolitan area (though this is not universally the case). Sometimes referred to as the “ghetto,” this word originated in Venice, Italy in 1516; it was used to describe the segregated places that Jews were required by law to reside. De jure segregation, or segregation by law, also has a prevailing legacy in the United States and has resulted in many forms of discriminatory practices, including “redlining.” Until the 1968 FHA, the Federal Housing Administration championed many discriminatory practices, including the refusal to insure mortgages in integrated neighborhoods. In the late 1930s, the Home Owners’ Loan Corporation (“HOLC”) had appraisers grade neighborhoods into categories according to racial composition. In doing so, mortgage lenders and buyers alike were immediately put on notice upon looking at any HOLC map. Neighborhoods in green were considered desirable and neighborhoods in red were populated by “negroes” and deemed an undesirable “risk” for lenders and insurers.
With formed segregated neighborhoods in place, racial steering (the illegal practice of real estate agents guiding prospective buyers toward or away from particular neighborhoods on the basis of race and/or ethnicity) has reinforced historic discrimination with modern day application. Recently, in Georgia, a property management company engaged in the racial steering of older Black applicants away from a predominantly white community, Cedarwood Village, to the predominantly Black community of Cedartown Commons. Cedarwood Village was described as a “neat, well-maintained complex” that was beatified with seasonal vegetation and nestled approximately two blocks east of a major shopping center. Conversely, Cedartown Commons was described as a general occupancy apartment complex located in a predominantly non-White neighborhood surrounded by abandoned houses, including some with boarded-up windows. Cedartown Commons is located several blocks away from railroad tracks with no major amenities nearby. The property management company assigned White older adults and/or disabled applicants on the waiting list ahead of comparable Black applicants for units at Cedarwood Village. This happened in spite of the Black applicants applying sooner. This steering also occurred in reverse at Cedartown Commons. As a result, the company paid $83,000 in damages to three former tenants, among other consequences.
Aging In Unlawfully Predatory Places
“Reverse redlining,” a lesser-known practice of targeting individuals of a racial demographic through predatory and discriminatory means, has, in a modern context, affected older Black Americans in horrific ways. For example, in 2011, Wells Fargo was found liable for their discriminatory practices of promoting subprime loans intentionally targeting impoverished Black neighborhoods, many occupied by older adults. The unlawful intention of the Wells Fargo employees was illuminated by their use of the term “ghetto loans.” The Department of Justice concluded that, “the more segregated a community of color is, the more likely it is that homeowners will face foreclosures because the lenders who peddled the most toxic loans targeted those communities.”
Aging In Environmentally Toxic Places
Complementing redlining, predominantly Black neighborhoods have also been targeted as habitats for factories, dumping grounds for cancer-causing chemicals, and pathways for industrial railroads. Based on a study conducted by analyzing five years of emissions data, “on average, the level of cancer risk from industrial air pollution in majority-Black census tracts is more than double of majority-white tracts.” Compounding these effects, the Environmental Protection Agency has identified areas referred to as “brownfields,” or deserted properties that are known to be contaminated or potentially contaminated by a hazardous substance. In some areas, there could be overlap between areas subjected to historic redlining and areas predisposed to brownfields. While air pollutants and brownfields ultimately affect everyone, regardless of age, Black Americans who are older adults are three times more likely to die from diseases related to pollution exposure than White Americans of the same age. To make matters worse, many minority neighborhoods exist within “food deserts,” where access to affordable and nutritious food options are scarce. For Black older adults living with disabilities, transportation to neighboring areas to access healthier foods creates an additional barrier which may not be overcome without substantial hardship.
Advocacy In Redeeming Places Plagued by Injustice
With so much at stake, it is vital that advocates not only distinguish the circumstances and experiences of Black older adults but also aid in redeeming spaces plagued by injustice. Substandard housing conditions which leave room for predatory lending, discrimination, environmental toxicity as well as a myriad of other barriers that were not mentioned in this article, cannot continue to impede anyone from holistic thriving. In tandem with other disciplines, legal professionals can lead the charge in dismantling some of the oppressive systems that have historically operated as pipelines to housing instability for Black older adults. In so doing, lawyers have an opportunity to aid in creating a more equitable society for all—as Black older adults, too, deserve to age in place.