Understanding Federal Age Requirements (HOPA)
The Housing for Older Persons Act (HOPA) establishes federal guidelines for age-restricted communities, exempting them from certain fair housing rules if they meet specific criteria. HOPA allows for two primary age-based exemptions:
- 80/20 Rule (55 and Older): This is the most common model for retirement villages, requiring at least 80% of occupied units to have one resident aged 55 or older. The remaining 20% can be occupied by younger individuals according to community rules.
- 62 and Older Communities: These communities are more restrictive, requiring all residents to be 62 or older, with limited exceptions.
The Importance of Community-Specific Policies
While HOPA provides a federal baseline, individual retirement communities can establish stricter age requirements as long as they comply with all applicable laws. A community's specific age policies are detailed in its Covenants, Conditions, and Restrictions (CC&Rs).
Age Restrictions for Different Types of Senior Living
The minimum age can also depend on the type of senior living community.
Independent Living (55+ and 62+)
Designed for active seniors seeking a low-maintenance and social lifestyle, independent living communities typically adhere to the 55+ or 62+ age restrictions and do not provide extensive medical or daily care.
Assisted Living
Assisted living communities offer help with daily activities and medication management. Age requirements here can range from 55 to 65, varying by state regulations and the facility's specific rules.
Continuing Care Retirement Communities (CCRCs)
CCRCs offer a range of care levels, from independent living to skilled nursing. Entry to the independent living portion often requires residents to meet a minimum age, typically 55 or 62, though age rules may be more flexible for spouses within the continuing care model.
Common Exceptions to Retirement Village Age Rules
Most communities allow for some exceptions to their age policies:
- Younger Spouses and Partners: In 55+ communities, a younger spouse can usually live with an age-qualified resident. However, in 62+ communities, all occupants must meet the age requirement.
- Resident Caregivers: Caregivers providing necessary health support are typically exempt from age restrictions.
- Inheritance and Temporary Stays: While younger family members may inherit property in a retirement village, they might not be allowed to live there. Temporary visits by younger relatives are usually permitted but may have time limits or restrictions on using amenities.
How Age Verification Works
To comply with HOPA, retirement communities must verify resident ages. This process generally involves:
- Documentation: Applicants provide proof of age using documents like a driver's license or birth certificate.
- Regular Verification: Communities often perform periodic age verification, sometimes every two years.
- Self-Certification: HUD allows self-certification via an affidavit for residents unable to provide standard documentation.
Comparing HOPA Guidelines and Community Policies
Feature | HOPA Requirements (55+) | Community-Specific Policy (Example) |
---|---|---|
Minimum Age | At least one occupant 55+ | Often, one spouse must be 55+ |
Occupancy Rule | 80% of units with a 55+ occupant | May enforce stricter ratios, e.g., 90% |
Younger Spouse | Allowed | Generally allowed, but check CC&Rs |
Children | Adults 18+ may occupy remaining 20% | Most communities prohibit residents under 18; visitors often limited |
Age Verification | Must have procedures | Requires birth certificate, ID, or affidavit |
Enforcement | Federal/state laws | Enforced by the HOA |
Conclusion
While federal law through HOPA establishes minimum ages of 55 or 62 for retirement villages, the precise requirements depend on the specific community's policies. It is essential to contact the administration of any potential community to understand their rules fully. Reviewing federal housing guidelines can also provide valuable context.
To learn more about federal regulations, visit the U.S. Department of Housing and Urban Development (HUD) at https://www.hud.gov.