Understanding the Housing for Older Persons Act (HOPA)
To understand the rules governing age-restricted communities, one must first be familiar with the federal law that makes them possible. Passed in 1995, the Housing for Older Persons Act (HOPA) provides an exemption to the Fair Housing Act, which otherwise prohibits discrimination based on familial status. This exemption allows communities to lawfully impose age restrictions and is the basis for all 55+ living developments across the country.
The '80/20 Rule': A Key Component of HOPA
The most well-known aspect of HOPA is the "80/20 Rule". This rule states that at least 80% of the occupied units in a community must have at least one resident who is 55 years of age or older. This federal rule gives communities some flexibility but does not guarantee it. The remaining 20% of units can be occupied by younger residents if the community's governing body, typically the Homeowners Association (HOA), permits it. It is crucial to understand that meeting this 80% federal requirement does not obligate a community to allow any percentage of younger residents. The community's specific covenants, conditions, and restrictions (CC&Rs) dictate their policy.
Can a 20-Year-Old Be a Primary Resident?
The short answer is almost certainly no. A 20-year-old cannot be a primary or qualifying resident in a 55+ community, even if the community is a "20% flexible" one. The core intent of HOPA is to provide housing for older persons, and the qualifying resident must be 55 or older. For a 20-year-old to reside there, it would almost always need to be as a secondary resident in a household where the primary resident is over 55.
Common Exceptions to the Age Restriction
While the general rule is strict, several exceptions are often outlined in a community's specific CC&Rs:
- Younger Spouses or Partners: It is a common misconception that all residents must be 55. In most cases, a spouse or partner who is under 55 can live with the qualifying resident. However, this individual would likely count towards the community's 20% allowance for younger residents. If the qualifying 55+ resident passes away or moves out, the younger spouse or partner may not be allowed to remain in the home, depending on community rules and state law.
- Adult Children: Some communities, particularly those with a more flexible policy, may permit an adult child (typically over 18) to live with their parent. This arrangement would still require the parent to meet the 55+ age qualification. The adult child would count towards the 20% exception, and specific community guidelines would need to be reviewed.
- Caregivers: In certain situations, a live-in aide or caregiver under 55 may be allowed to reside in the home to provide necessary care for the older resident. These cases are typically approved on a case-by-case basis and require verification of the caregiving need. For example, some states have specific rules regarding disabled children or grandchildren providing care.
- Inheritance: If a younger relative, like a 20-year-old, inherits a home in a 55+ community, they may not automatically have the right to occupy it. Community rules often state that the age restrictions must still be met, even in cases of inheritance. The inherited property would likely need to be sold or rented to a qualified older person.
Navigating Community-Specific Rules and Regulations
Federal law provides the broad framework, but the specifics are in the details—or, in this case, the CC&Rs and HOA rules. These documents are legally binding and can vary significantly from one community to another. While HOPA sets a minimum requirement (80% occupancy by 55+ individuals), a community could legally choose to set stricter guidelines, such as 100% occupancy or a higher age limit.
Comparison of 55+ Community Rules
| Aspect | Federal HOPA Guidelines | Typical Community (HOA) Rules |
|---|---|---|
| Primary Resident Age | At least one occupant 55+ in 80% of units | One occupant must be 55+ (or older, e.g., 62+) |
| Younger Adult (e.g., 20) as Co-Resident | Possible in up to 20% of units | Permitted only in specific cases (spouse, caregiver) and at the HOA's discretion |
| Under-18 Resident | Typically prohibited for permanent residency | Strictly prohibited for full-time residence; rules on length and frequency of visits vary |
| Enforcement | Age verification procedures required every two years | CC&Rs and HOA rules enforced, potentially with fines for violations |
| Flexibility | Allows for some flexibility in the remaining 20% of units | Flexibility depends entirely on the community's published and enforced policies |
It is essential to contact the HOA of the specific community to obtain their current CC&Rs and clarify any age-related rules. This is particularly important for communities in states with specific regulations, such as California, which has stricter age occupancy rules.
Potential Consequences of Violating Age Restrictions
Attempting to circumvent a 55+ community's age restrictions can have serious repercussions. The HOA has the right to enforce its rules and will likely take action if a non-eligible resident is discovered. This could lead to fines, legal action, and ultimately, eviction. The financial and emotional costs of such a dispute can be significant, so it is never advisable to move in without confirming eligibility first.
Considerations for Caregiving and Family Dynamics
In some cases, a younger adult may be considering moving in to provide care for an aging parent or relative. While HOPA does allow for exceptions for caregivers, this is not a guaranteed right and is subject to the community's specific policies. The best approach is to be transparent with the HOA from the start, providing documentation of the caregiving need. For families dealing with a qualifying resident's death or prolonged absence, the community's rules will dictate whether a younger relative can stay, often allowing a limited period for transition. Transparency and communication with the HOA are key to navigating these sensitive situations.
Conclusion
In summary, for a 20-year-old to live in a 55+ community, it is highly unlikely they could do so as a primary resident. Any residency would be as a secondary occupant and would be contingent upon a qualifying 55+ resident also living there and the community's specific rules permitting it. The Housing for Older Persons Act (HOPA) allows for some flexibility, but the ultimate decision rests with the community's Homeowners Association, which enforces its own policies and procedures. Anyone considering such a move should thoroughly research the community's specific CC&Rs and speak directly with the HOA to understand all regulations and exceptions. For more information on navigating senior housing options, visit the U.S. Department of Housing and Urban Development (HUD) website at https://www.hud.gov/.
