Questions regarding age restricted gated communities. Is this discrimination? (documents, 2013, housing)
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I always loved the idea of living in a gated community with a 24/7 guard and surveillance. The issue is the only gated communities in my state are 55 and older adult communities. Some of these communities are brand new and very luxurious. They have tennis courts and walking trails and new custom designed homes with open floor plans. I'm nowhere near the age of 55, and really feel like I'm discriminated against because of my age as they won't allow me to move there. The community stated I am allowed to purchase a home there but only to rent it out to an occupant who is 55 years of age or older. They stated I can not occupy the home unless I am 55+. They literally told me I'm too young to live there! The reason I would like to live in a gated secured community is because of safety reasons as I would feel extremely safe there. Also, the benefits of the HOA plowing my driveway and shoveling the sidewalks for me as well as cutting my grass really sounds appealing and hassle free. I have no interest in socializing with the neighbors or going to the clubhouse, I guess I would feel strange if my neighbors were all in their 90s. Nonetheless, shouldn't there be a law granting anyone of any age who wishes to move into these gated adult communities the right to do so? Would I be able to file a successful lawsuit against them based solely on discrimination? Do you agree that these communities should not discriminate based on age?
You can file a lawsuit but you will loose and you wouldn't be the first to try so finding a lawyer might be hard.
You're not being discriminated against because you too can move into one at age 55. Just like you can't enroll in preschool now because you're too old you can't live in these communities yet because you're too young.
Part of the reason the over 55 communities work is that each household on average doesn’t use the amenities too much thus wearing them out. Over 55 residents may be less healthy or just want to have occasional access. If people like yourself moved there you would command a great deal more than average use. But if you look around there are lots of non age restricted communities with what you like. You’d have to share with people of all ages and the maintenance costs might be higher.
I always loved the idea of living in a gated community with a 24/7 guard and surveillance. The issue is the only gated communities in my state are 55 and older adult communities. Some of these communities are brand new and very luxurious. They have tennis courts and walking trails and new custom designed homes with open floor plans. I'm nowhere near the age of 55, and really feel like I'm discriminated against because of my age as they won't allow me to move there. The community stated I am allowed to purchase a home there but only to rent it out to an occupant who is 55 years of age or older. They stated I can not occupy the home unless I am 55+. They literally told me I'm too young to live there! The reason I would like to live in a gated secured community is because of safety reasons as I would feel extremely safe there. Also, the benefits of the HOA plowing my driveway and shoveling the sidewalks for me as well as cutting my grass really sounds appealing and hassle free. I have no interest in socializing with the neighbors or going to the clubhouse, I guess I would feel strange if my neighbors were all in their 90s. Nonetheless, shouldn't there be a law granting anyone of any age who wishes to move into these gated adult communities the right to do so? Would I be able to file a successful lawsuit against them based solely on discrimination? Do you agree that these communities should not discriminate based on age?
"...Discriminate based on age?"
Sure.
And, it is a quite legal form of discrimination, with solid legal foundation unless your state laws specifically modify/override the federal regulations.
"Question 16
May a housing facility/community impose an age limitation more
restrictive than that required by HOPA and qualify for the 55 or older
exemption?
Answer
Yes. For example, the housing facility/community may require that at least 80
percent of the units be occupied by at least one person 60 years of age or older. The housing facility/community may require that 100% of the units are
occupied by at least one person 55 years of age or older, or that 80% of the
units be occupied exclusively by persons aged 55 or older. However, the
facility/community should review other state and local laws, including fair
housing laws that may prohibit discrimination based on age, before establishing
policies and procedures restricting occupancy based on age, or affecting
survivors' rights to property, that are not covered under HOPA."
.
Last edited by MikeJaquish; 12-19-2020 at 05:25 AM..
shouldn't there be a law granting anyone of any age who wishes to move into these gated adult communities the right to do so?
No. The legality of those restricted communities has been confirmed as far back as the 1960s.
Quote:
Originally Posted by possibleyou
Would I be able to file a successful lawsuit against them based solely on discrimination?
Successful? No. You'd lose.
Quote:
Originally Posted by possibleyou
Do you agree that these communities should not discriminate based on age?
No.
I also can't believe that there are no gated communities for younger adults in your state. But if that's true, then your option is to move to a state where there are some.
I always loved the idea of living in a gated community with a 24/7 guard and surveillance. The issue is the only gated communities in my state are 55 and older adult communities. Some of these communities are brand new and very luxurious. They have tennis courts and walking trails and new custom designed homes with open floor plans. I'm nowhere near the age of 55, and really feel like I'm discriminated against because of my age as they won't allow me to move there. The community stated I am allowed to purchase a home there but only to rent it out to an occupant who is 55 years of age or older. They stated I can not occupy the home unless I am 55+. They literally told me I'm too young to live there! The reason I would like to live in a gated secured community is because of safety reasons as I would feel extremely safe there. Also, the benefits of the HOA plowing my driveway and shoveling the sidewalks for me as well as cutting my grass really sounds appealing and hassle free. I have no interest in socializing with the neighbors or going to the clubhouse, I guess I would feel strange if my neighbors were all in their 90s. Nonetheless, shouldn't there be a law granting anyone of any age who wishes to move into these gated adult communities the right to do so? Would I be able to file a successful lawsuit against them based solely on discrimination? Do you agree that these communities should not discriminate based on age?
Yes, anyone can file a lawsuit for any reason. Doesn't mean it won't get kicked out of court or that they won't lose. In this particular case, as pointed out, federal law means that you would lose. "But I WANT to live there!" is not a protected class.
On the other hand, there are plenty of gated communities that do NOT fall into the age-restricted class that would fit the bill for you. I suggest you look for one of those.
The age restriction in most 55+ communities isn’t absolute. There is usually a provision that allows for partners 40 and older as care-givers (or as trophy wives/husbands ). Typically children under age 18 are prohibited as residents so they don’t have school busses trundling through every morning.
If you are childless and pushed it, you could probably get an exemption to live there.
The age restriction in most 55+ communities isn’t absolute. There is usually a provision that allows for partners 40 and older as care-givers (or as trophy wives/husbands ). Typically children under age 18 are prohibited as residents so they don’t have school busses trundling through every morning.
If you are childless and pushed it, you could probably get an exemption to live there.
Another situation that may help, is if the younger person or their spouse is disabled.
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). Typically children under age 18 are prohibited as residents so they don’t have school busses trundling through every morning. 