Understanding Age-Restricted Communities
To answer the question, "Can a family live in a senior community?", one must first understand the legal framework governing these housing options. The Housing for Older Persons Act (HOPA) of 1995 provides an exemption to the Fair Housing Act, allowing communities to legally impose age restrictions and discriminate based on familial status. This means they can refuse to rent or sell to families with minor children.
The 80/20 Rule
The most common age qualification falls under the 55+ designation. To qualify for HOPA's 55+ exemption, a community must meet three criteria:
- 80% Occupancy Rule: At least 80% of the occupied housing units must be occupied by at least one person who is 55 years of age or older.
- Intent to House Seniors: The community must publish and follow policies and procedures that demonstrate an intent to provide housing for persons 55 years of age or older.
- Age Verification: The community must comply with rules established by the U.S. Department of Housing and Urban Development (HUD) for verifying the age of residents.
It is crucial to note that the 80/20 rule does not mean that 20% of units are automatically available for younger families. The community's governing body, typically the Homeowners Association (HOA), retains the discretion to set stricter rules, including a 100% age requirement for all residents, with specific exceptions.
Types of Senior Communities and Their Rules
The ability for a family to live in a senior community depends heavily on the specific type of housing.
55+ Active Adult Communities
These communities are designed for independent, active individuals aged 55 and over. While younger spouses or partners may be permitted (provided one resident is 55+), permanent residency for those under 18 is generally prohibited. Rules regarding visits from grandchildren or other family members are common, often limiting the duration of their stay.
Assisted Living and Memory Care Facilities
These provide a higher level of care and are designed for individuals who need help with daily activities. In these facilities, occupancy is restricted to residents who require care, although couples can often live together even with differing levels of need. A younger spouse might be able to live with their older partner, but it is extremely rare for younger family members or children to reside in these facilities.
Continuing Care Retirement Communities (CCRCs)
CCRCs offer a continuum of care on one campus, from independent living to skilled nursing. This allows couples to stay within the same community even if their care needs diverge. A younger, healthy spouse could live in the independent living section while their partner is in assisted living, ensuring they remain close. However, these communities are generally not designed for multi-generational family units including children.
Comparison of Senior Community Types
| Feature | 55+ Community | Assisted Living | CCRC | Age-Targeted Community |
|---|---|---|---|---|
| Core Purpose | Active, independent living for adults 55+ | Care and assistance with daily activities | Lifelong care from independent to skilled nursing | Attracts seniors but not age-restricted |
| Family Residency | Possible for younger spouse/adult caregiver. Not for minors permanently. | Rare, limited to qualifying couples or specific circumstances. | Possible within independent living sections for couples. | Can accommodate full families, no age restrictions. |
| Minor Children | Visits allowed, often with time limits. No permanent residency. | Not permitted as permanent residents. | Visits allowed, but not permanent residency. | Can live permanently; community might not have child-friendly amenities. |
| Key Regulation | HOPA 80/20 Rule | State and facility licensing | HOPA rules may apply to certain sections | No age-based legal restrictions |
Exceptions and What to Ask
Even with age restrictions, some circumstances may allow for exceptions. The key is to investigate thoroughly. The first step is to carefully review the community's Covenants, Conditions, and Restrictions (CC&Rs).
- Younger Spouses/Partners: Most 55+ communities will allow a spouse or partner under 55 to live with a qualifying resident, though their age may count toward the 20% allowance under HOPA.
- Adult Children: Some communities permit adult children (often 18+) to live with a senior parent, especially if they are providing care or have a disability that requires them to live with the older resident.
- Caregivers: Live-in health aides or other caregivers may be allowed, though specific rules and documentation, like a written treatment plan, are often required.
Action Plan for Families
If you are a family considering a senior community, follow these steps to find the right fit:
- Determine Your Needs: Clarify whether permanent residence for a younger family member is necessary or if regular visits are sufficient. Consider the level of care required for the senior.
- Identify Community Type: Based on your needs, research the types of senior communities available (55+, CCRC, etc.).
- Contact Communities Directly: When you've narrowed down your options, reach out to each community's management or HOA and ask specific questions about their age policies. Don't rely solely on marketing materials.
- Review the CC&Rs: Request and meticulously read the governing documents for any prospective community. Pay close attention to sections on residency requirements, occupancy, and guest rules.
- Seek Legal Guidance: If your situation is complex, particularly concerning inheritance or disabled dependents, consult with an estate planning attorney familiar with age-restricted housing laws.
For additional information on federal housing laws and exemptions, refer to the National Fair Housing Alliance.
Conclusion
While the prospect of living together in a senior community can seem appealing, the reality is that strict age restrictions often prevent full families from residing permanently. For 55+ communities, the HOPA exemption allows them to maintain a senior-focused environment, typically excluding those under 18 from permanent residence. Exceptions for younger spouses or adult children often exist but are subject to specific community bylaws. For higher levels of care, like assisted living, family residency is even less likely. A thorough review of a community's specific rules is the only way to confirm if your family can be accommodated, ensuring a harmonious living situation for everyone involved.
