Question:
In Georgia, we have 55 plus neighborhood, what is the 80 – 20 rule? I know the 80% is over 55 years old, can you set the other 20% to be over 50? How do you prevent someone under 55 from moving in? What steps do we take to keep someone under 55 out?
– David
Answer:
Hi David,
According to HUD, to qualify for the “55 or Older” exemption from the Fair Housing Act’s liability for familial status discrimination, the community must meet each of the following requirements (including the 80-20 rule you might be referring to):
- At least 80 percent of the units must have at least one occupant who is 55 years of age or older; and
- The facility or community must publish and adhere to policies and procedures that demonstrate the intent to operate as “55 or older” housing; and
- The facility or community must comply with HUD’s regulatory requirements for age verification of residents.
The other 20% is there for units with residents under the age of 55. To prevent someone under the age of 55 from moving in, the community may need to ensure that the governing documents (more specifically, the CC&Rs) clearly state the community’s age restrictions and eligibility criteria for residents.
Apart from this, the community may publish policies and procedures that require an application process by potential residents. The community may ask questions about age, require proof of age, conduct background checks or verification procedures to confirm applicants’ ages, and ensure compliance with the age restrictions. The community may also ask residents to sign agreements acknowledging the age restrictions and agreeing to abide by the community’s rules and regulations.
However, it’s best to consult an attorney familiar with local housing laws before implementing these policies and procedures to avoid potential discrimination claims. You may find an attorney through our online directory: https://www.hoamanagement.com/
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
