Q: I am looking to purchase in an over-55 community. I am over 55, and my 23-year old grandson currently lives with me and will continue to for another year or two. The association told us nobody under 55 can live there, but I know of others who do. He will not be on the mortgage or deed. Can you clarify the law on this? — Margaret
A: Fair housing laws prohibit discriminating against some because of race, color, religion, sex, national origin, handicap and familial status.
Generally, status means having a child under 18 in the household.
However, the Housing for Older Persons Act was signed in 1995, allowing certain exceptions for communities designed for older people. This law excepts communities from familial status discrimination if particular conditions are met.
These types of communities can be set up in a few different ways. Some are set up so that at least one person over 55 must occupy at least 80% of the units, and others require all residents to be over 62 years old.
The over-55 communities are more common, but they are allowed to have rules requiring that more than the minimum of 80% of the homes have residents over 55, and most do so that they have a cushion in case, for example, an over-55 resident passes away, and their younger spouse stays in the home. There are consequences if the community falls below the 80% threshold.
Because each community can create more stringent requirements, you will need to review the restrictions for the home you are looking to buy.
Just like any other rule, these restrictions must be applied evenly. Even if a community is age-restricted, it must still follow the remaining anti-discrimination laws.
So, for example, if your grandson was disabled and you were his caretaker, reasonable accommodations to the rules would need to be made.
The law on this subject is complex and varies significantly from area to area and between different communities, so it is essential to research the one you are looking to move into.
