Ask a Lawyer and Get Answers to Your Legal Questions
Hi - my name is ***** ***** I'll be glad to assist.
The Housing for Older Persons Act (HOPA) is an exception to The Fair Housing Act that allows communities to operate as “55 or over” housing. To qualify for this exemption, the following criteria must be met:
In other words, at least one person 55 or older must reside in at least 80% of the occupied units. What to do with the other 20% is up to the HOA.......
Thus, there is no requirement that the remaining 20% of the occupied units be occupied by persons under the age of 55, nor is there a requirement that those units be used only for persons where at least one member of the household is 55 years of age or older.
HOA's can can decline to permit any persons under the age of 55 from living in the community, or it can require that 100% of the units have at least one occupant who is 55 years of age or older, may permit up to 20% of the occupied units to be occupied by persons who are younger than 55 years of age, or set whatever requirements they wish, as long as “at least 80%” of the occupied units are occupied by one person 55 years of age or older, and so long as such requirements are not inconsistent with the overall intent to be housing for older persons.