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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Are there any provisions in the Fair Housing Amendments that

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Are there any provisions in the Fair Housing Amendments that allow persons under the age of 55 that have a disability to be allowed to purchase in a 55+ park if they are under 55? I have a gentleman about 44 that would like to live in a 55+ park since there are no kids and he is mentally disabled although he can work and live on his own. He does have a conservator but she only handles his affairs and money and does not live with him.
Thank you for your question and for asking for me.

The FHA does not govern these 55+ communities. The bylaws of the 55+ communities govern and they can be strictly age based regardless of disability without running afoul of the FHA or ADA I am afraid. There are no provisions in the CA law to allow exception in the 55+ community for him for his disability unless he moves into the home with someone who meets the age requirement and is his primary caregiver, which is the only exception that would allow him to move into the community.

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