55 and Older Communities

Phil Querin Q&A: 55 and Older Community Problems

 

Question. We are a 55+ community. One of our residents has a lot of family coming in and leaving from early morning until late at night. This resident also has two Temporary Occupants living with her, one of her daughters and her husband. The resident also has a granddaughter with three children that are brought to the house on a daily basis by her and one of the Temporary Occupants. It has been brought to my attention recently that the children are basically living there and staying over at least 5 nights a week. (The two older kids are school age and come to the space after school, but the youngest child is there all the time.) I am told by another family member the mother of these children is homeless and goes and stays with someone else at night, but does not take the children with her.

My question is because we are a 55+ community what can I do, if anything, to stop them from babysitting the children at the residents which is causing a disturbance to the neighbors’ peaceful enjoyment of the community? I have received written complaints from some of the neighbors stating that the comings and goings is disturbing them. Because these children do not meet our age requirement to live here, what steps can I take to stop the daily babysitting and staying the night? One of the neighbors recently told me she is going to put her home on the market for sale because of this issue.”
 

 

Phil Querin Q&A - Two Question on Children and 55 & Older Communities

Question One:   If a community is a legal 55+ park, is it still subject to the federal and state laws prohibiting discrimination against children?  

Question Two:  If the current rules in a family community appear to be discriminatory towards children – e.g. they place restrictions that have a discriminatory impact on children or persons with children (e.g. curfew on children, even if it’s intended to be for their own safety) can the landlord unilaterally amend the rules, or does he/she need to go through the formal rule change process outlined in the ORS 90.610?

 

 

Phil Querin Q&A - Child in 55 & Older Community - Resident in Hospital

Question.  One of our residents is in the hospital after a stroke. Her sister arrived from California at the park and is staying at the stricken resident’s house. The sister has a 5-year old daughter. The park is a 55+ community. The resident is completely incapacitated. Some residents are upset that a 5-year old is staying in the community. What is management’s responsibility regarding the sister and daughter’s access to our resident’s house? A temporary occupant agreement requires the signature of the resident, who, in this case, is not available. And the landlord is not even sure if the sister has permission from the resident. Finally, what about the 5 year old? What should be the landlord’s course of action?

 

 

55 & Older Communities - A Review

The Fair Housing Amendments Act (FHAA) went into effect on March 12, 1989.  That Act amended Title VIII of the Civil Rights Act of 1968, which prohibited discrimination based on race, color, religion, sex or national origin in the sale, rental, or financing of residential housing.  The FHAA added two additional protected classes; (1) persons with disabilities and (2) families with children.  Children include persons under the age of 18 years.

Maintaining an Age-Restricted Community: A Refresher on the Housing for Older Persons Act

If you are reading this, chances are you are one of the millions of baby boomers at or near retirement. Although you might not care for the moniker, the government has officially designated you as an “older person.” If you own property designated as housing for “seniors,” you should periodically refresh yourself on the state of the law protecting “older persons” and to avoid the mistakes of other property owners.

Helpful Tips for 55 & Older Community Owners

We all know it is far easier to maintain a resident than find one who will fill a vacant space within a community. This is particularly true in 55+ communities. To be great at resident retention, managers need to believe strongly in the lifestyle that has led many seniors to a manufactured housing way of life. Managers must be helpful, respectful, enthusiastic and work relentlessly to continuously improve their seniors’ lifestyles.

A Refresher on the Housing for Older Persons Act (55 and Older Communities)

If you are reading this, chances are you are one of the millions of baby boomers at or near retirement. Although you might not care for the moniker, the government has officially designated you as an “older person”. If you own property designated as housing for “seniors” you should periodically refresh yourself on the state of the law protecting “older persons” and to avoid the mistakes of other property owners.