MHCO Article Topics
1. Most of your residents are over 55, so you're allowed to exclude families with
children and market your property as an “adult” community under the senior
housing exemption.
Answer: False. Even if most residents are 55 and older, a community can still face fair housing
Editor's Note: This article is provided for general informational purposes only and does not constitute legal advice.
Virtually all forms of “familial discrimination” became illegal under the FHAA, such as the refusal to rent to tenants because they had children; imposing different terms or conditions of rental depending upon whether they had children; discouraging persons from living in a manufactured housing community if they had children, etc.
Fair housing law generally prohibits discrimination based on familial status, but there’s a limited exception that applies to senior housing communities that qualify as “housing for older persons.” To qualify, senior housing communities must meet strict technical requirements.
This is the first of four articles that MHCO spotlights settlements reached in fair housing cases. The amounts reportedly paid are sometimes staggering—which is news in and of itself—and show just how much it can cost to resolve fair housing complaints.
The Fair Ho
Let's start with the Baby Boomers vs. the Elderly. Senior citizens are now at the top of the heap in U.S. Census numbers. The Baby Boomers are now officially "seniors" as they started turning 65 in 2011. In fact, 10,000 people turn 65 every day! The 85 to 94 year-olds experienced the fastest growth between 2000 and 2010.
Answer: You may accept the prospective tenant. Under federal law, at least 80% of the spaces must be occupied by at least one tenant age 55 or over. The remaining 20% was originally reserved as "padding" in the event that one or more of the spaces became occupied by someone under 55, say, through death of the qualifying tenant and inheritance by a nonqualifying tenant.