In order to qualify as a legally recognized age-restricted community for the purposes of the FHA and HOPA, a community must demonstrate the following:
1. It is intended and operated for persons aged 55 and older;
2. It publishes and adheres to policies and procedures that demonstrate its intent to qualify for the exemption;
3. At least 80% of the units in the community are occupied by at least one person who is aged 55 or older; and
4. It must provide age verification of its members by reliable surveys, affidavits or other documentation.
As a result, it is of the utmost importance that an age-restricted community properly maintain its status as such by demonstrating its compliance with the above requirements. For more information on how to maintain a qualified age-restricted community through advertising, document drafting, verifications procedures, etc., please do not hesitate to contact us.