Renting to Young People in a 55+ HOA

Question:

We would like to have a 55 or over HOA, can we still rent to a younger person without children?

– Donald

 

Answer:

Hi Donald,

Generally, the Housing of Older Persons Act goes by the 80/20 rule. If 80% of households are occupied by at least one person aged 55 or older, the other 20% may be occupied by younger residents.

You should also check your governing documents, though, for rental restrictions. Check your CC&Rs to see if they will allow your 55+ community to rent to a younger person without children. If you have yet to establish your governing documents and are still starting out, you can draft your CC&Rs in a way that permits rentals. However, make sure you do not violate any Fair Housing laws. It is best to seek help from a lawyer for further guidance.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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