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Old 10-29-2007, 05:52 PM
rballruss rballruss is offline
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Default Re: Younger Residents

This should put to rest any "misconceptions":

The Housing for Older Persons Act of
1995 (Pub. L. 104–76, 109 Stat. 787,
approved December 28, 1995) (HOPA)
revised the definition of the original
exemption contained in the Act for
housing designed and operated for
occupancy by persons who are 55 years
of age of older. Section 2 of HOPA
redefined this portion of the exemption
to describe housing:
(C) Intended and operated for occupancy
by persons 55 years of age or older, and—
(i) At least 80 percent of the occupied units
are occupied by at least one person who is
55 years of age or older;
(ii) The housing facility or community
publishes and adheres to policies and
procedures that demonstrate the intent
required under this subparagraph; and
(iii) The housing facility or community
complies with rules issued by the Secretary
[of HUD] for verification of occupancy,
which shall—
(I) Provide for verification by reliable
surveys and affidavits; and
(II) Include examples of the types of
policies and procedures relevant to a
determination of compliance with the
requirement of clause (ii). Such surveys and
affidavits shall be admissible in
administrative and judicial proceedings for
the purposes of such verification.

The new requirements under HOPA
are equivalent to the original provisions
of the Fair Housing Act. Like the
original section 807(b)(C) of the Act,
HOPA requires that a facility or
community seeking to claim the 55 and
older exemption show three factors: (1)
That the housing be intended and
operated for persons 55 years of age or
older; (2) that at least 80 percent of the
occupied units be occupied by at least
one person who is 55 years of age or
older; and (3) the housing facility or
community publish and adhere to
policies and procedures that
demonstrate its intent to qualify for the
exemption. The housing facility or
community must also comply with rules
issued by HUD for the verification of
occupancy.

....yet someone was forced to leave The Villages because they were not 55???
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