eliminates the requirement that qualified housing for persons age 55 or older have "significant facilities and services" designed for the elderly
provides "good faith reliance" immunity from damages to persons who in good faith 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.
The Act's language and summary
The Act "amend the Fair Housing Act to modify the exemption from certain familial status discrimination prohibitions granted to housing for older persons." The short title is the "Housing for Older Persons Act of 1995." Section 2, defining "housing for older persons", amends Section 807 of the Fair Housing Act, as that being A good faith attempt to comply with the Act is a defense against civil money damages; Section 807 of the Fair Housing Act is amended by adding: It was approved on December 28, 1995 and signed into law by President Bill Clinton.
Summary
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 the 80 percent threshold, the community could lose its age-restricted status. 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. However, 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.
History
December 28, 1995 - signed into law by President Bill Clinton, following approval by the Senate and House of Representatives
April 2, 1999 - HUD publishes final regulation implementing HOPA, effective May 3, 1999
