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Roger
Roger, Attorney
Category: Legal
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Under HUD we the a 55 year old HOA that requires one person

Customer Question

Under HUD we the a 55 year old HOA that requires one person in 100 percent of each home or residence in our park to be 55 years of age and the balance in that unit 45 or over. A 55 year old mother wants to buy a unit that has a 27 disabled daughter. Does the the American with disabilities act allow this beyond what HUD allows. HUD simply states you must provide reasonable accommodations if the disabled qualify and bend, ignore or make an exception to the currrent HOA age limits.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

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:

  1. At least 80% of the units must be occupied by at least one resident over the age of 55;
  2. The community must publish and adhere to policies and procedures demonstrating an intent by the housing provider (the association) to provide housing for persons 55 years of age or older; and
  3. The housing provider must engage in appropriate age verification procedures that includes a community census from time to time.

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.......

Expert:  Roger replied 1 year ago.

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.

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