Can a 45 year old disabled, retired male be refused occupancy in a California 55 or over adult mobile home park.?

Asked by Ithappens, Sonoma County, CA Fri Apr 30, 2010

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5
Emelia Sanch…, , Ontario, CA
Fri Apr 30, 2010
Congress intended to preserve housing specifically designed to meet the needs of senior citizens. Housing that meets the FHAct definition of "housing for older persons" is exempt from the law's familial status requirements, provided that:


HUD has determined that the dwelling is specifically designed for and occupied by elderly persons under a Federal, State or local government program or
It is occupied solely by persons who are 62 or older or
It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates intent to house persons who are 55 or older.

45 is too young to be considered a senior. That will be my age soon and I can certainly wait another 10 years to deserve that distinction.
0 votes
Dorene Slavi…, Agent, Torrance, CA
Fri Apr 30, 2010
Dear Ithappens,
I believe that an age restricted community is allowed to restrict, on basis of AGE only. If the man in question was 55 there should be no question. In many age restricted developments, an under age occupant will be allowed if the Spouce is 55 or older.
Web Reference:  http://www.doreneslavitz.com
0 votes
Lynn Bowen, Agent, Sebastopol, CA
Fri Apr 30, 2010
From what I know the true over 55 communities are the only living situations that can put an age limit on the occupants. Some parks though are more lenient then others with regards to age. Some only require one occupant in the household to be 55 or older. I helped a client not too long ago be able to buy in a senior park prior to turning 55. She did have a disability as well and maybe that helped her out.

If you would like to know more about the park that I helped her buy in I am happy to discuss that privately.

Lynn Bowen
Domaine Real Estate
Sebastopol CA
707-695-3814 Lynn@DomaineRE.com
0 votes
James Gordon…, Agent, Hamilton, OH
Fri Apr 30, 2010
Ithappens you can ask to see the CC&R's for the park. If you meet the requirements you are fine. Here is a link to the HOPA act of 1995 that they need to adhear to.
http://www.hud.gov/offices/fheo/library/hopa95.pdf
0 votes
Anna M Brocco, Agent, Williston Park, NY
Fri Apr 30, 2010
If you feel you were discriminated because of your disability, consult with an attorney who specializes in real estate.
0 votes
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