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Can Someone Under 55 Live in 55+ Housing? – Ask After55.com

As baby boomers reach retirement age, many start to reconsider where they live. Married couples with empty nests or singletons looking to regain their social lives may want to move to a retirement community. These communities allow older adults to live around others of the same interests and age – typically 55 years and over.

adults only sign at pool, to illustrate 55-plus housing

But what happens if you and a partner want to move to an age-restricted retirement community but one of you is not the required age?

What if you have children you want to bring with you into 55-plus housing?

The answers to both questions rest in the community and state where you live.

No Age Protection in Fair Housing Act

If you and your partner or roommate are not old enough to live in a specific retirement community, you may think it’s unfair. You may feel you’re being discriminated against. Usually, you aren’t.

Under the Fair Housing Act of 1968, homebuyers and renters cannot be discriminated against because of their:

  • Race
  • Color
  • Gender
  • National Origin
  • Religion
  • Familial Status
  • Disability

However, age is not protected under the federal Fair Housing Act. Therefore, developers can set limits on who can buy or rent their properties based on how old they are.

States also can allow retirement communities to set a minimum age for residents. Most do not prevent communities from being for mature adults only because they understand the benefits of income- and age-based housing programs.

Exemptions in Housing for Older Persons Act

One law that could allow you to live in a 55+ community even if you are not that age is the Housing for Older Persons Act of 1995 (HOPA). This provides exemptions to family status nondiscrimination if a retirement community meets either of the following conditions:

  • All the residents are age 62 or older.
  • At least 80 percent of the occupied units include one resident age 55 or older, and the community shows an intent to provide housing for those 55 and up.

Once the retirement community meets these requirements, it is free to create its own age restrictions, in compliance with state laws. These restrictions can be more or less strict than the HOPA requirements.

55 candles, to illustrate 55-plus housing

Rules of Age-Restricted Communities

Most age-restricted communities have two rules. The first says that each household (or a certain percentage of the households) must have a resident age 55 or older.

The second rule adds an age restriction for the remaining members of the household, such as a spouse, partner or child. These commonly set minimum ages at 40 for a spouse or partner or 18 for a child.

The retirement community can also set guidelines for how long underage visitors (such as grandchildren) can stay with community residents.

Younger Residents in Senior Housing

Even with all the restrictions placed on senior housing regarding age, you will still find some communities that allow younger residents.

Some communities may get rid of age restrictions in 20 percent of the development while the rest is governed by the HOPA exemption. To be safe, many retirement communities allow younger households in a smaller amount of units, such as 15 percent of the development.

What About Children?

It is rare to find a retirement community that allows young children to live there full-time. However, according to their age restrictions, adult children 18 years or older may be allowed, as long as one of the other adults occupying the unit is 55 years or older.

Find a 55+ Community Near You

You’ll find age-restricted 55+ and 62+ communities in cities across the United States on After55.com. Just look for the 55+ Communities under Senior Housing Options. The following cities are some of the most popular for 55+ communities on After55.com.

What Are Your Senior Housing Questions?

Ask After55 is a monthly feature of After55.com by correspondent Mary Beth Adomaitis. Submit your questions for consideration in one of two ways:

– Comment below on this article. (Your question will be displayed publicly, so we suggest that you don’t include personally identifying information.)

Fill out this form. (Your question will be sent to us privately. Note, however, that we aren’t able to answer all questions, especially on personal situations.)

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  • Mary Beth Adomaitis

    About Mary Beth Adomaitis:

    Mary Beth Adomaitis a freelance writer living in Southern California. She has written about senior topics for several senior living websites. She also has a blog, Unwrinkled Hearts, which was started after her mother-in-law passed away in 2015. It focuses on elderly living in the 21st century. Mary Beth has been a writer/journalist for more than 25 years, lending her talents to companies such as The Los Angeles Times, where she also served as a copy editor and graphic designer.

    Comments

    1. Hello I have a question I bought a 55 and older condo for my mom she did not have enough income for their requirements so my name is on the deed she is 76 and I am now 52 she moved out now to stay with my brother she is afraid to be alone. since I own the property and went to the interview for approval. can I now live in the apartment since it is empty?

      • Hello, Tony.

        The answer to that question probably would depend on the ratio of over-55 and under-55 residents specified in the community’s rules, and what the current split is. As noted in the article, 55+ communities must have at least an 80/20 split (at least 80 percent of units occupied by at least one person age 55+). But, likely, only the property manager can answer that question for certain.

        – Mark, After55.com

    2. Nellie Bly says:

      The manager of a Tax Credit Senior Housing community (“55+”) in Renton, WA, claims that EVERY resident must be 55+, even spouses or partners. Is this legal? What about if a single resident gets married or engaged–would they have to move if their partner is under 55? Is this enforceable?

    3. Heather Gair says:

      My husband and I are disabled wanting to live in a 55 over communities were only 39 and 38 can we live there

      • Hello, Heather.

        55+ communities can allow people under 55 in up to 20 percent of their units. But you’ll need to contact a specific community you are interested in to see whether it has non-age-restricted units available. Just fill out the check availability or request information form on any property on After55.com to contact the community.

        – Mark, After55.com

    4. Adam Davis says:

      My mother in law falls in the catagory of being able to live in senior housing, the problem is that her son (my brother in law) is severely physically and mentally disabled. He just turned 40 and they have been turned away from quite a few communities. We are in Oklahoma and don’t know if there are provisions to either the ADA of the fair housing act. Any help will be greatly appreciated.

    5. I am 54 and will be 55 in January 2018. Will have an issue getting into a a community?

      • Hello, Rose.

        You won’t have any issue once you turn 55. Until then, a 55+ community might have to have an opening in the percentage of units where residents under age 55 are allowed. It’s best to contact the community you are interested in to find out what their particular situation is. Just fill out the check availability or request information form on a listing on After55.com.

        – Mark, After55.com

    6. It’s interesting seeing all the questions asking you about someone’s specific situation. You’ve outlined the laws and stated repeatedly that it’s up to each community how they handle children, grandchildren, or others under age 55 or 62 (depending on the community). My situation is that I’m 50 and my spouse is 59, and we prefer not to live in a community with noisy young children. So the first thing we ask is whether or not someone my age can live there. If they say no, we move on to another community. I’ve found that most communities would be willing to accept us, but every once in a while encounter the place that says ALL residents must meet the 55+ or 62+ age requirement. What people need to take away from your article, and your answers to the questions, is that only the community where you want to live can answer specific questions about accepting you and your specific situation. Asking an expert on a blog isn’t really going to help. Thanks for reading.

    7. Here’s a question
      Mother is 65
      I’m 33. She would get the place but I would be staying with her from time to time for periods of 1 to 3 months at a time as I travel a lot for work.

      • Hello, Karly.

        You would need to ask the specific 55+ community about its policy on that situation. You at least would meet the typical over-18 rule for a child staying with a parent.

        – Mark, After55.com

    8. Lisa Irizarry says:

      I’m 46 years old and I would love to live in a 55 + community. My soon to be husband is 43 years old. Where moving from new York to Tampa Florida. We would like to know if any community’s will accept us. Where a very quiet working couple. Thank you.

      • Hello, Lisa.

        The Housing for Older Persons Act only specifies that at least 80 percent of the occupied units in a 55+ community must include one resident age 55 or older. So a couple under age 55 could qualify. You would need to contact a specific community to ask about their availability, however. They might not have under-55 units available, or they could have a higher percentage of 55+ units set aside.

        – Mark, After55.com

    9. What if I buy a house in a 55+ community and something happens to my son and I have a 12 year old grandson and he had to come live with me?

      • Hello, Becky.

        You would want to discuss that potential situation with the management of the 55+ community.

        As noted in the article, 18 is a common minimum age for a child in 55+ housing, but that could vary. Also, the retirement community can also set guidelines for how long underage visitors (such as grandchildren) can stay with community residents.

        – Mark, After55.com

    10. Adrienne says:

      I want to know if a rental property that is age restricted can refuse a person (over 62) who has an adult son with Autism > He cannot live alone and she is his caregiver so how can she be refused?

    11. Here’s a question for you.
      When moving in this new 55 and older community,rules were only one child over 19, now we not only have people with one child but have two other people living with them under 40 and different last names which is on the internet and may not be registered with the community board and if so why,so there are five people in a 2bedroom condo.Is that against our privacy law which told us otherwise in the by laws given and the board knows it’s set rules and why if known permitted to certain people . Isn’t it also a fire hazard for too many.And unfair for 2 seniors to struggle to pay the condo fees and not cheap either while others have 5 sharing all the expenses.

    12. Jennifer says:

      Is the min age 40 everywhere for spouse? I’m 35 my husband is 55

      • Hi, Jennifer.

        As noted in the article, 40 for spouses is a common rule for 55+ communities as opposed to a law. So you would need to check with a specific community on its rules. Readers: What kind of variances have you found in senior communities as far as their minimum age rules?

        – Mark, After55.com

    13. My husband and I are looking to purchase a home in a development that offers homes for the active adult (55+), singles section and townhomes (any age). We are looking into purchasing one of their ranch homes to accommodate my son (11)who has special needs and is wheelchair bound. My question to you is, is it illegal to for a developer to deny us a ranch home anywhere in this development since they are being offered in one area?

      • Hello, Sandra.

        As noted in the article, 55+ communities can set rules on a minimum age for children. That often is age 18. You would need to contact the specific development about its rules. If you have legal questions, you might want to contact the Area Agency on Aging for your city or county. This website includes a national directory of such agencies: http://www.n4a.org/

        – Mark, After55.com

    14. My husband and I are considering buying in a 55+ community in a few years when we qualify. However, we have a sweet handicapped daughter whom we care for. She will be 20 by the time we are ready to make the move. Would she be able to move in to the community with us? We are hoping to find a 55+ community in Florida that would embrace her and be happy to interact with her when we take her for walks in her wheelchair or when we have her sitting outside with us on on milder days. She’s absolutely precious and I think older people would enjoy getting to know her, but I’m not sure if this would be allowed.

      • Hello, Stephanie.

        Only an individual 55+ community could answer your question completely because the answer could depend on the current mix of residents the community has. As noted in the article …

        Most age-restricted communities have two rules. The first says that each household (or a certain percentage of the households) must have a resident age 55 or older.

        The second rule adds an age restriction for the remaining members of the household, such as a spouse, partner or child. These commonly set minimum ages at … 18 for a child.

        So a situation with parents over 55 and a child over 18 could quality. But, again, the final call would depend on the population and rules of a specific community.

        You will find 55+ communities all across Florida here: https://www.after55.com/senior-housing/fl

        – Mark, After55.com

    15. I live in a 55 community I have
      A son 28 with mental problems
      Can he live with me
      Also I’m gone for about 5 months at a
      Time wondering if that would make
      A difference

      • Hello, Jeff. As noted in the article:

        Most age-restricted communities have an age restriction for the remaining members of the household, such as a spouse, partner or child. These commonly set the minimum age at 18 for a child.

        So the situation you describe might be possible, but the final answer would depend on your particular 55+ community. We would suggest you talk with your property manager.

        – Mark, After55.com

    16. I have been living with my handicapped mom in a 55+ active living community for 9yrs. My mom passed away and I have say 6mo. Until I’m 55 yrs of age. It would be a financial hardship for me to move. I am a quiet good tenant and keep to myself. I do not want to lose this particular unit either. Will I be able to stay?

      • Hello, Renee.

        Likely, only the property manager of your community could answer that question. The answer might depend on the current mix of residents in the community. See the section in the article titled “Exemptions in Housing for Older Persons Act” for more information.

        – Mark, After55.com

    17. If one adult is over 55 can her 48 yr old daughter live with her in a 55 and over community? Sun City California is the location. Thank you

      • Hello, Ronda.

        To be certain, you’ll want to check with the 55+ community you are interested in to determine their specific rules and availability. As noted in the article, however, age-restricted communities commonly will allow an adult child over age 18, as long as one other occupant is over 55, so your daughter might qualify.

        – Mark, After55.com

    18. My husband and I ,need a senior apartment ,I am 55 ,we are looking in Hillcrest and North Park

    19. Wendell B. Miles says:

      Hmm, actually Ms. Adomaitis the question of age becomes somewhat mute when you
      can’t even get a response to the question of age related spousal difference. I am living out of the country and moving back to Phoenix, AZ. as of July 2017. Now I am 68 and my wife is 30 and a teacher. I have written or requested the acceptance or not, of the age difference. With no answer to the specific question of can we be accepted. I have even sent online dual applications with a deposit that was kept but no response at all. I thought that was illegal and deposits returned if not accepted. My working theory is no news is good news. But is there discrimination based on cultural acceptance of older younger age differences in our society? Anyway at this point I will assume(ouch), that
      I am simply requesting an apartment too far in advance and will re-request at the 55+ and up level about two months out rather than this early. It still bothers me that they will allow a child to live in a 55+ and not a wife unless 40. Especially since my wife is my only support system. Thanks in advance for allowing me to vent.

    20. I moved into a 55 and older park for a reason……I don’t want to live around younger people. According to the rules of the park, no one under 55 is allowed but the manager did have her 49 year old living with her……another one has her 22 year old granddaughter living with her. Another resident has her 60 year old druggie son living with her and he has been kicked out of the park for hitting a previous manager, had a protection order filed against him by another resident for hitting him. What can be done to make the park manager and owner enforce the park rules? Thank you.

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