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Can a mobile home park, where residents have a 99 year lease…

Customer Question
Can a mobile home...

Can a mobile home park, where residents have a 99 year lease and the residents as an association own the park, say in their lease they are an adult park and no children are allowed? Does the written lease over rule the Fair Housing Act?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Texas

Lawyer's Assistant: Has any paperwork been filed?

What type of paperwork?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/18/2017
Real Estate Lawyer: P. Simmons, Lawyer replied 10 months ago
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,458
Experience: 12+ yrs. of experience including real estate law.
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Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

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Real Estate Lawyer: P. Simmons, Lawyer replied 10 months ago

No...a lease can not overrule the FHA. That is not possible.
That said, it IS possible to have a housing community that is "over 55" (so no children allowed). Is this one of those communities?

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