Understanding the Fundamentals: HOPA and the 80/20 Rule
While the Fair Housing Act prohibits discrimination based on familial status, the Housing for Older Persons Act (HOPA) carves out an important exemption for age-restricted housing. Under HOPA, for a community to be designated as housing for older persons (HOPA-qualified), it must meet three primary criteria: at least 80% of its occupied units must have at least one resident who is 55 or older, it must publish and adhere to policies demonstrating its intent to be 55+ housing, and it must comply with HUD requirements for age verification.
This federal 80/20 rule creates a crucial, but often misunderstood, distinction. It allows a percentage of homes (up to 20%) to be occupied by residents under 55. However, this flexibility is not an automatic green light for younger individuals. The use of this 20% buffer is at the sole discretion of the community's governing body, typically the Homeowners Association (HOA), and many communities opt to maintain stricter rules that require 100% of residents to meet the minimum age requirement.
The Role of Community-Specific Rules
The fine print regarding residents is found in a community’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs). These documents outline the rules that each resident must follow and are legally binding. While HOPA provides the federal framework, the CC&Rs detail how the community interprets and enforces those rules. A community might, for example, have stricter rules than the federal minimum, such as requiring all residents in every home to be 55 or older, or permitting adult children but with specific occupancy rules or age thresholds. It is not enough to rely on the general HOPA rule; always review the specific CC&Rs of any community you are considering.
Common Exceptions for Adult Children
Even in communities with strict age restrictions, some situations may allow for an adult child to live with a qualifying 55+ parent. The two most frequent exceptions include:
- Caregiving Circumstances: If the adult child is acting as a live-in caregiver for the 55+ resident, some communities may make an exception. This often requires documentation, such as a doctor's letter or a written care plan, and the care must be deemed 'substantial in nature'. In some states, specific laws define the rights of 'permitted health care residents,' which can include family members.
- Disabled Adult Dependents: If an adult child is disabled and requires the parent's care, some laws, like those in California, may allow them to reside in the community. These are specific legal provisions and not a universal rule.
The Impact of State and Local Laws
Federal law sets the baseline, but state and local regulations can add layers of complexity. Some states, like California, have additional protections for family members, including disabled children, which can be more lenient than HOPA. Other states might have different rules regarding age requirements or how HOAs can enforce them. Because of these variations, it's essential to research the specific laws in your state, in addition to the community's CC&Rs.
Comparison Table: HOPA vs. Strict Community Rules
| Feature | Federal HOPA 80/20 Rule | Example of Strict Community Rule | Comments |
|---|---|---|---|
| Minimum 55+ Occupancy | At least 80% of units must have one resident 55+. | 100% of all occupied units must have one resident 55+. | Many communities choose stricter rules to preserve their age-restricted character. |
| Adult Children Allowed? | Potentially, as part of the 20% flexible occupancy. | Generally, only under specific caregiver or disability exceptions. | Varies significantly by community and state law. |
| Younger Adult Status | Can be counted toward the 20% limit. | Often requires specific authorization from the HOA based on exceptional circumstances. | Must comply with all CC&Rs and age verification procedures. |
| Caregiver Exemption | Not explicitly addressed by HOPA, handled at the community level. | Often specified in CC&Rs, may require documentation and HOA approval. | State laws, like California's, may provide explicit caregiver rights. |
What Happens if You Violate Occupancy Rules?
Violating a community's occupancy rules can lead to serious consequences, often outlined in the CC&Rs and enforced by the HOA. These can include fines, loss of community privileges, and, in some cases, legal action that could result in forced removal of the non-compliant resident. Some communities are particularly vigilant, with neighbors quick to report potential violations. Continued failure to enforce age restrictions can even jeopardize a community's HOPA-qualified status.
Making the Right Choice for Your Family
Deciding whether an adult child can live with you in a 55+ community involves careful research and open communication. It is crucial to read the CC&Rs of any prospective community and speak directly with the HOA or community management to clarify their specific policies on adult children, caregiving exceptions, and guests. While the federal HOPA law provides a general framework, the local community rules dictate the reality. For complex situations, consulting with an attorney specializing in real estate or HOA law is a wise step.
For more detailed information on federal housing laws, refer to the U.S. Department of Housing and Urban Development (HUD) website at https://www.hud.gov.
