Why Are 55+ Communities Legal

It is also not uncommon for 55+ municipalities to have restrictions on children`s attendance. For example, an owner`s 10-year-old grandchild may stay for one-night visits, but there may be rules about the length and number of nights a minor child can stay. The idea has spread and many retirement communities are now shaping the landscape of Metro Phoenix. Across the country, about 3 million people over the age of 55 lived in senior communities in 2011, according to the U.S. Housing Census. Professor Bauer said the real beneficiaries of the Housing Act of 1995 for Older Americans, which allows more than 55 municipalities not to provide facilities and support services, are the real developers who built and sold them. While communities that exclude people under 55 deserve some exemption from fair housing laws, Professor Bauer said additional protections are needed, especially for the most vulnerable seniors. He proposed reforms that could include amending the law to require more than 55 communities to provide the services seniors need, requiring developers to disclose in detail that these communities are not suitable for people with disabilities, that the units have accessibility features and encourage the development of natural retirement communities. These are informal communities with a high percentage of older people who have stayed in the homes in which they have lived for many years and who provide the necessary support services. To be listed as 55+ legal housing, the municipality must meet three qualifications: But what about 55+ youth and communities? Usually, a 55+ community has an exception that allows for a lower minimum age for a spouse, partner, or roommate.

These rules generally require a household member to be 55+ years old, while the spouse, partner, or roommate must be at least 40 years old. Most age-restricted communities have a Homeowners Association Fee (HOA) that covers services and amenities for residents, such as golf courses, game nights, pavilions, swimming pools and landscaping. In the United States, these fees can range from $100 to $500 per month. [15] Sun City and other age-restricted communities were already established when the Fair Housing Act was passed in 1968. Exceptions were therefore made. If you look at retirement communities, there are probably 55 or more communities. For some people, this is a good option for retirement. For others, it can be a problem if people under the age of 55 live with them.

In general, age-restricted communities have one main rule: residents must be 55 years of age or older. However, a HOPA exemption from the Fair Housing Act allows an institution or community to be designated exclusively as housing for people 62 years of age and older. Generally, this applies to care facilities for the elderly, assisted living facilities for the elderly, and similar homes for people 62 years of age and older who are unwilling or unable to live alone. In 1998, the state ruled that the Youngtown Age Restriction Ordinance was unlawful because it was not recorded in the registers of all homes. According to 55places.com, Florida has the most age-restricted municipalities with more than 375 municipalities, with New Jersey ranking second with more than 230 age-restricted communities. [9] Other popular states for age-restricted communities include Oregon, North Carolina, South Carolina, Pennsylvania, and Utah. [10] While discrimination in housing is generally prohibited in the United States, the Fair Housing Act of 1968[11] and the Housing for Older Persons Act of 1995 (109 STAT. 787)[12] allow communities to restrict residence to seniors. [13] Individuals can purchase these properties regardless of age; However, the owner may be prohibited from occupying the property in accordance with the corporation`s declarations and bylaws. This law states that it is legal for municipalities to sell themselves as “55+” or “age limit”, provided they claim that 80% of the units occupied are inhabited by at least one person aged 55 or older. However, if the number of people aged 55+ in a given community falls below the 80% threshold, the community could lose its age-restricted status (and the loss of that status would be permanent).

Keith, that should be allowed by law. However, we are not a law firm, so you should contact a lawyer for legal advice. Communities with age restrictions usually discourage or prohibit a landlord from renting the home for a single night, such as an Airbnb or an extended period of time. Fifty-five+ municipalities are more than just residential neighborhoods. This is usually a social community with on-site amenities such as a golf course or clubhouse for gatherings. Therefore, adding tenants is not part of the mix. No one knows exactly how many communities exclude people under 55, although Bauer estimates that several million people call them home. He discussed data he had collected in Miami-Dade, Broward and Palm Beach counties in South Florida, where there are about 1,700 communities over the age of 55. Most active adult communities of 55+ years old and subject to an age limit will impose a minimum age on residents. In most active adult communities, no person under the age of 19 is permitted to reside in the community unless an exemption is granted (or, if the community has designated “family units”, they reside in these areas).

However, at the discretion of a community, the minimum age may be higher or lower. In addition, most communities require that individuals under the age of 55 living in their community live in a household where at least one resident is 55 years of age or older. Almost all active and age-restricted adult communities allow people under the minimum age, such as grandchildren, to visit and stay on a limited basis. Most age-restricted communities have agreements that allow people under the minimum age to live temporarily in the community for a period of two weeks to 90 days per year (varies by community). [7] In addition, children living at home must be at least 18 years of age. Municipalities may impose other age restrictions on the owner`s children once the owner has legal adult status. Erica, it all depends on what the rules of the community dictate. It`s best to call the community and ask if their rules allow it. If you have any questions about our communities, you can call Newby Realty at 941-479-2849! The law also requires municipalities to publish and enforce age rules, with the age being reviewed at least every two years. These communities are set up to accommodate seniors who want to live in an area without the perceived problems of having children nearby. [1] [2] In most cases, a younger spouse or partner may live in the community as long as a member has reached the minimum age.

[3] [4] When the issue of active adult communities is raised, people often question whether age-restricted communities are actually legal.