In 1968 the Federal Truthful Housing Act (also called Title VIII of the Civil Rights Act) was enacted to ban discrimination primarily based on race, coloration, faith, intercourse, or nationwide origin. Subsequently, in 1988 the Act was amended so as to add discrimination primarily based on incapacity and household standing and in 1995 the Housing for Older Individuals Act (“HOPA”) was created, exempting senior housing from familial standing discrimination.
HOPA permits communities to perform as housing for individuals who’re 55 years of age or older and to ban anybody underneath the age of 18 from occupying a dwelling inside the neighborhood. Nonetheless, for neighborhood associations to avail themselves of this exception, they have to adjust to every of the next necessities:
- No less than 80% of the occupied models should have a minimal of 1 resident who’s 55 years of age or older; and
- The neighborhood affiliation has to publish and publicly adhere to the insurance policies and procedures that exhibit the intention of the neighborhood to function as housing for individuals who’re 55 years of age or older; and
- The neighborhood affiliation, by the use of surveys and sworn declarations, should confirm the age of the residents of the neighborhood each two years.
The US Division of Housing and City Improvement (HUD), doesn’t care how the neighborhood applies the remaining 20%. There may be nothing within the regulation that prohibits 20% of the models from being occupied by individuals 18 years of age or youthful. Nonetheless, the neighborhood affiliation can not segregate these households with minor kids to a bit, constructing or a part of a selected constructing.
With the passage of a statutory modification to Chapter 760.29, Florida Statutes, efficient July 1, 2020, Housing for Older Individuals communities are now not required to register with the Florida Fee on Human Relations company. Nonetheless, it will be important for neighborhood affiliation administrators and officers to notice that the minimal requirement of 80% occupancy by individuals no less than 55 years of age or older, and the neighborhood insurance policies requirement demonstrating the intent to be housing for older individuals entitling the neighborhood to be exempted from discrimination claims, has not modified. Solely the registration and renewal necessities had been faraway from the statute.