Federal Housing for Older Persons Act (HOPA) vs. California Law
Federal law, specifically the Housing for Older Persons Act (HOPA), sets national standards for age-restricted communities, requiring at least 80% of occupied units to have one resident aged 55 or older, a published intent to house seniors, and age verification procedures. California law, however, introduces stricter requirements, particularly regarding the definition of who can reside in these communities, which is more precise than the flexibility allowed under HOPA.
Age and Residency Requirements
In California 55+ communities, the focus is on the occupants rather than the owners. At least one resident per household must be 55 or older and occupy the home.
The 'Qualified Permanent Resident' (QPR)
California law defines a 'Qualified Permanent Resident' (QPR) as someone under 55 who can live with a qualifying senior. This includes:
- Spouses or cohabitants, regardless of age.
- Family members providing primary physical or economic support, typically aged 45 or older.
- Disabled children or grandchildren requiring care, regardless of age.
- Individuals who were QPRs and the qualifying senior dies, is hospitalized long-term, or divorces.
Exceptions and Limits
- Permanent residency for individuals under 18 is generally prohibited, though visitor policies vary by HOA.
- Live-in caregivers are allowed, often requiring a physician's written treatment plan. Mobilehome parks have specific rules for caregivers aged 18 and older.
The Role of the Homeowners Association (HOA)
HOAs are crucial for enforcing 55+ community rules, outlined in their CC&Rs. They must regularly verify residents' ages to maintain the community's legal age-restricted status and avoid violating anti-discrimination laws. Community documents and marketing must also clearly state the intent to operate as senior housing. Amending core age restrictions in CC&Rs is difficult but other rules may be amended.
Special Considerations for California Mobilehome Parks
California's Mobilehome Residency Law (MRL) adds specific regulations for 55+ mobilehome parks, covering areas like live-in caregivers and occupancy for younger relatives. There are also rules regarding surviving spouses.
Comparison: Federal HOPA vs. California 55+ Rules
| Feature | Federal HOPA | California State Law |
|---|---|---|
| Occupancy Standard | At least 80% of units must have one resident 55+ | At least 80% of units must have one resident 55+, but CA law is stricter on who can reside in the other 20% |
| Non-Senior Residents | Allows for younger residents within the 20% limit, subject to community rules | Defines specific categories of "Qualified Permanent Residents" (QPR) who can live with a 55+ senior |
| QPR Requirements | No specific QPR definition; relies on general 20% flexibility | Detailed definitions for spouses, cohabitants, adult caregivers (often 45+), and disabled children/grandchildren |
| Minors (Under 18) | Generally prohibits permanent residency for minors | Generally prohibits permanent residency for minors, enforced by the HOA |
| State Civil Code | N/A | Adheres to Civil Code § 51.3 and § 51.11, providing stricter definitions and requirements |
| Mobilehome Rules | Covered by HOPA general rules | Additional regulations under the Mobilehome Residency Law (MRL) for caregivers and other residents |
Navigating the Rules and Your Search
Prospective residents should carefully review a community's CC&Rs and consider consulting a real estate agent specializing in 55+ communities. The California Civil Rights Department also offers resources on housing rights. Understanding these state-specific rules alongside federal law is key to finding the right community.
In conclusion, while federal law establishes the baseline for 55+ communities, California's specific Civil Code provisions add important details regarding qualifying and permanent residents, exceptions, and enforcement. Understanding these distinct state rules ensures a smooth transition and helps you find a community that aligns with your lifestyle and family needs.
