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at a community's discretion, the age-minimum may be higher or lower. Furthermore, most communities stipulate that if anyone under the age of 55 resides in their community, they must live in a household where at least one occupant is 55 or older. Nearly all age-restricted and active adult communities allow people under the age minimum, such as grandchildren, to visit and stay on a limited basis. Most age-restricted communities have covenants that allow people under the age-minimum to reside temporarily in the community for a period of time ranging from two weeks to 90 days per year (varies by community).
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This law states that it is legal for communities to market themselves as "55+"or "age-restricted" provided they maintain that 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older. However, if the number of people age 55+ in a given community falls below
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Most 55+ age-restricted active adult communities will place an age-minimum on the residents. In most active adult communities, no one under the age of 19 may reside in the community unless granted an exemption (or, if the community has designated "family units", resides within those areas). However,
250:(II) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.
268:(5)(A) A person shall not be held personally liable for monetary damages for a violation of this title if such person reasonably relied, in good faith, on the application of the exemption under this subsection relating to housing for older persons.
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The Act "amend the Fair
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believe and rely on a written statement that a property qualifies for the 55 or older exemption, unaware that the property is ineligible for the exemption.
241:(ii) the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and
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277:(ii) the facility or community has stated formally, in writing, that the facility or community complies with the requirements for such exemption.
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eliminates the requirement that qualified housing for persons age 55 or older have "significant facilities and services" designed for the elderly
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271:(B) For the purposes of this paragraph, a person may only show good faith reliance on the application of the exemption by showing that--
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244:(iii) the housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall--
274:(i) such person has no actual knowledge that the facility or community is not, or will not be, eligible for such exemption; and
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the 80 percent threshold, the community could lose its age-restricted status (and loss of such status would be permanent).
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Section 2, defining "housing for older persons", amends
Section 807(b)(2)(C) of the Fair Housing Act, as that being
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December 28, 1995 - signed into law by
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intended and operated for occupancy by persons 55 years of age or older, and--
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A good faith attempt to comply with the Act is a defense against civil
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provides "good faith reliance" immunity from damages to persons who in
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It was approved on
December 28, 1995 and signed into law by President
247:(I) provide for verification by reliable surveys and affidavits; and
190:(Fair Housing Act). The consolidated Act is administered by the
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365:"Title VIII: Fair Housing and Equal Opportunity"
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204:HOPA amends the Fair Housing Act as follows:
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472:Housing for the elderly in the United States
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462:United States federal housing legislation
467:Acts of the 104th United States Congress
388:Enacted December 28, 1995, as H.R. 660.
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34:Housing for Older Persons Act of 1995
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282:Housing for Older Persons Act § 3.
255:Housing for Older Persons Act § 2.
165:Tooltip Public Law (United States)
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220:The Act's language and summary
196:President of the United States
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194:(HUD). The law was signed by
156:Housing for Older Persons Act
17:Housing for Older Persons Act
428:. 2008-06-25. Archived from
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57:104th United States Congress
186:) amends Title VIII of the
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406:42 U.S.C. § 3607(b)(2)(C)
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319:House of Representatives
188:Civil Rights Act of 1968
477:United States elder law
342:"Questions and Answers"
122:U.S.C. sections amended
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201:on December 28, 1995.
415:42 U.S.C. § 3607(b).
145:on December 28, 1995
130:Legislative history
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397:46 U.S.C. § 3601.
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375:2008-03-11
350:2019-07-22
328:References
213:good faith
182:, enacted
76:Public law
31:Long title
71:Citations
63:Effective
280:—
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40:Acronyms
308:History
295:Summary
161:Pub. L.
315:Senate
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112:U.S.C.
80:104-76
345:(PDF)
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47:HOPA
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