your age not a problem.
The Fair Housing Act is no different. The Housing for Older Persons Act (HOPA) is an exception that allows communities to operate as “55 or over” housing. To qualify for this exemption, the following criteria must be met:
At least 80% of the units must be occupied by at least one resident over the age of 55;
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
The housing provider must engage in appropriate age verification procedures that includes a community census from time to time.
Ok – at least one person 55 or older must reside in at least 80% of the occupied units. What do you do with the other 20%? On April 1, 1999 the United States Department of House and Urban Development (“HUD “) published Federal Regulations implementing the Housing For Older Persons Act of 1995 (“HOPA”). Basically, HUD does not care how a community handles the 20% “cushion” as reflected below:
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