Can a child live in a 55+ community in NJ? Unpacking the rules for families

According to the Housing for Older Persons Act (HOPA), communities that operate under this exemption can legally restrict residency based on age. So, while the federal law allows for age-restricted housing, the short answer to "Can a child live in a 55+ community in NJ?" is generally no for permanent residency, with specific rules governing even temporary stays.

Quick Summary

Full-time residency for children in New Jersey 55+ communities is prohibited under federal law, but exceptions exist for younger spouses, adult children with disabilities, and temporary visits from grandchildren. Strict rules and time limits apply to visits, and specific community bylaws govern all aspects of residency, ownership, and guest policies.

Key Points

• Permanent Residency is Prohibited: Under federal law (HOPA), 55+ communities can legally prohibit children under 18 from living in the community permanently, even in New Jersey.

• Temporary Visits Are Allowed: Grandchildren and other minor guests are permitted for short-term visits, but community bylaws often impose strict time limits, such as two to thirty days per year.

• Exceptions for Adult Children: Some communities may allow an adult child (over 18) to reside with a 55+ resident, subject to community rules and screenings.

• No Age Restriction on Ownership: A recent NJ court ruling confirmed that a person under 55 can legally own property in a 55+ community, but still cannot occupy it if they do not meet the age criteria.

• Community Bylaws Rule: The specific rules on children and guests are determined by each community's Homeowners Association (HOA) and its governing documents, which should be carefully reviewed.

• Amenities Have Restrictions: Minor visitors typically have restricted access to community amenities like pools and clubhouses, with specific rules on supervision and times of use.

The federal Housing for Older Persons Act (HOPA) provides an exemption to the Fair Housing Act, allowing 55+ communities to legally enforce age restrictions on residents. To qualify, a community must meet criteria, including intending to provide housing for older persons and ensuring at least 80% of occupied units have one resident age 55 or older. This exemption allows communities to prohibit children under 18 from living there permanently. In New Jersey, communities determine their specific resident and guest policies, making it crucial to understand a particular community's bylaws.

The Legal Framework: HOPA and its Impact

HOPA is the legal basis for age-restricted communities, amending the Fair Housing Act's prohibition against discrimination based on familial status. This creates an exception for communities meeting specific qualifications to restrict housing to older persons.

Key requirements for HOPA compliance

• 80/20 Rule: At least 80% of occupied units must have one resident 55 or older. The remaining 20% can have flexible age requirements, but this doesn't allow full-time residency for children.
• Intent and Policies: Communities must demonstrate intent to operate as housing for older persons through published policies and procedures.
• Age Verification: Communities must comply with HUD rules for verifying residents' ages.

Can a child be an exception?

While permanent residency for minors is generally prohibited, exceptions exist:

• Adult Children: Some communities permit adult children (over 18) to live with a 55+ parent after a background check.
• Disabled Adult Children: In certain cases, a disabled adult child needing care may be allowed to live with the 55+ resident.
• Temporary Visits: Grandchildren can visit temporarily, but communities enforce strict time limits.
• Inheritance: An under-55 individual can inherit a home, but they may not be allowed to occupy it, as residency is restricted, not ownership.

New Jersey Specific Rules and Regulations

New Jersey laws align with federal HOPA requirements. However, a 2024 court ruling clarified the distinction between ownership and residency.

New Jersey legal nuances

• Residency vs. Ownership: A NJ Appellate Division ruling stated communities can restrict who lives in homes but not who owns them based on age. A younger person can own property but cannot occupy it without meeting age criteria.
• Community Bylaws are Crucial: Specific rules on residency and guests are in the community's Covenants, Conditions, and Restrictions (CC&Rs). Prospective residents should review these documents.

Comparison: Children and Grandchildren in 55+ Communities

Feature	Children (Under 18)	Adult Children (18+)	Grandchildren on Visit
Permanent Residency	Prohibited. Communities can ban permanent residency for children under federal and state law.	Possible, but not guaranteed. Depends on community bylaws and approval.	Prohibited. Not allowed for permanent residence.
Temporary Visits	Allowed. Short-term visits are standard, with strict time limits often 30 days or less annually.	Allowed. Adult visitors typically don't have the same strict time limits as minors.	Allowed. Common for short periods, governed by community time limits.
Community Amenities	Restricted. Access to amenities like pools may be limited by rules and times.	Generally Allowed. Adult visitors can use amenities, subject to rules.	Restricted. Access is limited to specific times and supervised access per HOA rules.
Home Occupancy	Prohibited. Cannot occupy permanently.	Possible. May occupy within the 20% exception, based on bylaws.	Prohibited. Cannot occupy permanently.
Legality Basis	Banned under the HOPA exemption.	Allowed within the community's 20% HOPA flexibility.	Allowed temporarily as guests under strict HOA time limits.

Conclusion: Navigating Age Restrictions in New Jersey

Permanent residency for a child in a New Jersey 55+ community is prohibited under federal law. Temporary visits for minors, like grandchildren, are typically allowed but subject to strict time limits set by the homeowners' association. Some exceptions may exist for younger spouses or disabled adult children, depending on the community's specific bylaws. It is essential for prospective residents to review the governing documents of any community to understand all age and occupancy rules.

For more information, consult HUD guidelines on the Housing for Older Persons Act.

Frequently Asked Questions

Can I bring my newborn baby to live with me in an NJ 55+ community?

No, a newborn baby or any child under the age of 18 cannot be a permanent resident in a 55+ community in New Jersey, as these communities legally restrict permanent occupancy based on age.

What is the 80/20 rule and does it apply to children?

The 80/20 rule requires that at least 80% of occupied units have one resident who is 55 or older. While the remaining 20% offers flexibility, it does not apply to children under 18, who are generally prohibited from permanent residency regardless.

Can my grandchild visit for a summer vacation in an NJ 55+ community?

Yes, grandchildren can typically visit for a summer vacation, but you must adhere to the community's specific bylaws regarding guest stays, which often impose strict time limits (e.g., 30 consecutive days).

If I am 55, can my 19-year-old child live with me in a 55+ community?

It depends on the specific community's policies. Some communities may allow adult children to live with a qualifying 55+ resident, but this is subject to the community's rules and often requires a screening process.

What happens if a resident breaks the rules about children living in the community?

Violation of a community's age restrictions can result in fines or other penalties enforced by the Homeowners Association (HOA). Repeated violations could lead to more serious action.

Are there any exceptions for a child with a disability?

Federal and state laws allow for reasonable accommodations for people with disabilities. While HOPA permits age restrictions, individual communities determine policies for disabled adult children who require their parent's care, and exceptions may be granted on a case-by-case basis.

What is the difference between owning and living in a 55+ home?

In New Jersey, you can own a home in a 55+ community at any age, but you must meet the community's age requirements to occupy it. Residency, not ownership, is the factor that is legally restricted by age.