So how does the "Over 55" thing work ?

The friendliest place on the web for anyone with an RV or an interest in RVing!
If you have answers, please help by responding to the unanswered posts.
P

Peteyboy

Guest
Was talking to my brother last night,,, he is not a camper,,, and he brought up the question of "55 and over communities".  He is seeing a lot of them around his area and I told him of the same thing with a lot of campgrounds we stay at over the winter.  He wondered how the age thing is allowed as he has many rental properties and he is not allowed to discriminate by age when he rents any of them out. So, just how does that work ?
 
It is my understanding those are governed under State Laws, so each state is different.  I know most provinces are as you secribe what your brother is indicating.  However, here in Florida, 55+ communities are very common.

Ed
 
Peteyboy said:
Was talking to my brother last night,,, he is not a camper,,, and he brought up the question of "55 and over communities".  He is seeing a lot of them around his area and I told him of the same thing with a lot of campgrounds we stay at over the winter.  He wondered how the age thing is allowed as he has many rental properties and he is not allowed to discriminate by age when he rents any of them out. So, just how does that work ?

I don't know exactly how it works but I know a company purchased a mobile home park in my town and it was going to be a over 55 plus park. Anyone already in the park were grandfathered as far as having kids until they moved out. Then the replacement family could not have any kids. Maybe it has to be noted as a 55 plus park at the onset when it's built.
Maybe it would have to be a entire complex like for condos. A individual apartment probably would not qualify.
 
I am a landlord too.

If I have an apartment or housing development, I can get it approved for 55+.  I cannot just do it myself.  I do not think it works with one single family home.

In MN, only a few cities have age discrimination, so I have seen a few places require a tenant to be 25 or similar.  If you went up to 55+ on your own, I think you would be in problem territory.
 
We just moved from a 55+ community in FL. While I don't know all the ins and outs, I do know they are registered as such with the state and are governed. Our rules stated that a certain % could be 45+, and no one under 40 could live there. We did have a couple with a special needs daughter who was an adult but under age 40. Of course, she was an exception to the rule.

I have lots to say about living in one that I'll keep to myself since that wasn't the question...note I recently MOVED. Never again!!
 
It's a special Federal law.

Many landlords would prefer all adult communities but then families with children would have a rough time getting housing. So in essence the "adult" only housing is available for seniors and that begins at age 55.

Here is an excerpt:
Additionally, the FHA contains the federal Housing for Older Persons Act of 1995 (HOPA) (42 USC ? 3607, as amended by Public Law 104-76). HOPA exempts housing developments occupied primarily by seniors from the prohibition on familial status discrimination. Senior housing includes (1) certain state and federal senior housing projects, (2) housing designed for and occupied solely by people who are age 62 or older, and (3) buildings in which at least one person who is age 55 or older occupies at least 80% of the units.

I know several owners of RV parks that don't want kids can't ban them but they can refuse to supply any kid friendly amenities or make the rules difficult for them.

 
I was about 28 years old or so when I moved to a new city.  Went to the bank to set up a new local checking account, asked for an interest bearing account.  The guy put me into an account type meant for retired folks.  He explained that it was set up that way, but that they could not discriminate.

I have no idea about these previously mentioned rules, but i have often figured that at least some of these places are "suggestions".....if someone younger than the posted age really wanted to push the issue with a lawyer and actually live someplace where they weren't welcome, that they probably could.
 
I don't know if you can push your way around Federal laws.

Typically only one household member has to be over 55, so if your spouse is younger, then they generally let them live with you.

But there is the 80/20  rule, if they have too many under 55, they can't continue to be an over 55 park, so many are mindful of how many they allow in under 55.

But no, I don't think you can force the law to allow you to move in with children under 55 simply because you want to do that. If it's for over 55, why try to force the issue to move in with young kids?

 
i didn't say move in with young kids necessarily.  I of course wouldn't want to do that anyway.... I was thinking more along the lines of a more realistic 40 something year old...or let's say 51 year old as an example.  Not that even that this fictional person would want to go where they aren't welcome....

but I just don't see how any place can discriminate based on age.  I really don't know, but I feel like THAT is a federal law.
 
DearMissMermaid said:
I know several owners of RV parks that don't want kids can't ban them but they can refuse to supply any kid friendly amenities or make the rules difficult for them.

Ho Hum RV Park in Carrabelle FL doesn't allow anyone under age 17. Now, whether that's legal or not, I don't know. I imagine it's doubtful anyone would go to the expense or trouble to challenge it. I think they'd just move along to the ones down the street.
 
Dance Chick said:
Ho Hum RV Park in Carrabelle FL doesn't allow anyone under age 17. Now, whether that's legal or not, I don't know. I imagine it's doubtful anyone would go to the expense or trouble to challenge it. I think they'd just move along to the ones down the street.

Looks like not everyone just moves along somewhere else to accommodate kids !

https://www.tallahassee.com/story/news/2017/11/10/ho-hum-rv-park-sued-over-no-children-rule/848370001/
 
Just another ambulance chaser, IMO ...

"Darrell Rogers, in a lawsuit filed Tuesday in federal court in Tallahassee, alleged the RV park?s policy violates the U.S. Fair Housing Act, which bans discrimination based on factors including family status.

But Rogers, the father of two young children, wasn?t planning to visit North Florida or stay at the RV park. A Fair Housing Act tester, Rogers came upon Ho Hum?s website and was ?insulted and emotionally distressed? when he saw the facility was billed as a ?no children park.? He posed as a potential renter, called the RV park and was told children under 17 were not permitted."

All this means is Ho Hum will register with the state as a 55 and over park, pay Rogers his customary "emotional distress" fees and he'll move on to his next "test case" payday.

 
This topic is always messy. Things can be "not allowed" without being discriminatory if there are reasonable and well-defined guidelines. It's one of those things where the intent is as important as the actual rule.  If I want to start a social club for left-handed redheads to share their perspective on their unique place in society, I can probably do that as long as I don't stray into other areas, like only hiring red head club members at my place of business.

The courts have repeatedly held that rules can be made limiting who a group shares their personal space with, as long as all group members agreed and wannabes are made aware. Age is a major and well-accepted criteria for that. No children, adults only, etc.
 
We stayed at Ho Hum last summer and are staying again this summer for a few days. DH suggested we tell the son, DIL, & 8-yr. old grandson to come join us. Then, we remembered the 8-yr. old can't come. Doesn't bother me one bit. I can always cancel the reservation and go elsewhere if it bothers me. Too many other things in life to get my panties in a wad over.
 
Back
Top Bottom