For the purpose of HOPA, what is a housing community or facility? What are some typical examples of a housing, community or facility?
A housing community or facility is any dwelling or group of dwelling units governed by a common set of rules, regulations or restrictions. A portion of a single building may not be considered a housing facility or community. Typical examples include: a condominium association; a cooperative; a property governed by homeowners or resident association; a municipally zoned area; a leased property under common private ownership; a manufactured housing community, a mobile home park.
What must a housing community or facility do to qualify for the 55 or older housing for older person’s exemption?
In order to qualify for the exemption, the housing community/facility must satisfy each of the following requirements: a) at least 80 percent of the occupied units must be occupied by at least one person 55 years of age or older per unit; b) the owner or management of the housing facility/community must publish and adhere to policies and procedures that demonstrate an intent to provide housing for persons 55 years or older; and c) the facility/community must comply with rules issued by the Secretary for verification of occupancy through reliable surveys and affidavits.
What are some examples of the types of policies and procedures that would demonstrate intent to provide housing for persons 55 years of age or older?
Examples include: a) the written rules, regulations, lease provisions, deed or other restrictions, b) the actual practices of the owner/management of the housing facility/community used in the enforcement of the rules; c) the kind of advertising used to attract prospective residents to the housing facility/community as well as the manner in which the facility/community is described to prospective residents; d) the housing community’s/facility’s age verification procedures, and its ability to produce, in response to a familial status complaint, verification of required occupancy.
What information should a housing provider include in its survey of residents in order to calculate whether the community or facility meets the 80% requirement of HOPA?
a) the number of units that have been continuously occupied by the same household since September 13, 1988, and the household did not contain and does not currently contain at least one person over the age of 55; b) the number of unoccupied units (see question 22); c) the number of units occupied by employees of the housing facility or community who are under 55 years of age, and who provide substantial management and maintenance services to the housing facility or community d) the number of units occupied solely by persons who are necessary or essential to provide medical and/or health and nursing care services as a reasonable accommodation to residents.
The following documents are considered to be reliable for age verification: birth certificate, driver’s license, passport, immigration card, military identification, or any other state, local, national or international documentation, provided it contains current information about the age or birth of the possessor.
How frequently should a housing/community provider update its lists of occupants to be in compliance with the age verification requirements of HOPA? Are there any consequences if a housing provider fails to update its list of residents?
HOPA requires that a housing facility/community re-survey its lists of residents every two years to ensure that the 80% requirement is met. A housing community’s or facility’s failure to survey or re-survey its list of occupants in accordance with its age verification procedures does not demonstrate intent to housing for older persons, and could jeopardize the housing community’s status as 55 or older housing.
If a 55 or older occupant dies and leaves his/her property to a surviving spouse or heir(s) under the age of 55, what rights, if any, do the survivors have to possession?
The right to possession by a surviving spouse or heir is not governed by the HOPA or the Fair Housing Act. Whether an underage heir or surviving spouse can occupy the unit upon the death of the 55 or older occupant is a matter of state/local law or custom, and generally is governed by private contractual agreements between senior housing developers and the individuals who purchased or rented the dwelling. The provision in the Act permitting 20 percent of the units to be occupied by persons under 55 is intended, in part, to prevent a housing facility/community from losing the exemption due to situations where there are surviving spouses and underage heirs when the 55 or older occupant dies.
Children under the age of 19 are not allowed to reside permanently in Cornerstone. However, if a qualifying resident has children, grandchildren under 19 then those children, grandchildren can reside up to 90 days in a calendar year.
Yes. The HOA will be responsible for enforcing the Policy and Procedures for maintaining the Age restricted designation as mandated by HOPA, as well as, other duties associated with a HOA. Yearly dues are set at $500/year. This amount could be increased or decreased based upon cost associated with maintaining common areas and other fees associated with Cornerstone.
Cornerstone will feature an all access gated entrance with landscaping. An outdoor pavilion will be located in the common area between Lots 23 and 27 for owner’s enjoyment. A walking trail will be located around the water feature commencing and ending at the pavilion.
Each owner will have the option of maintaining their yard or may elect to have the lawn service company contracted by HOA for common area maintenance to maintain their yards for an additional fee to the HOA.
2000 heated and cooled square feet. Front setbacks are 15’, side setbacks 7.5’ and rear setbacks 10’.
No. All homes will feature Acadian design with some having Craftsman/Cottage design highlights. All homes will have Owens Corning Architectural driftwood color shingles. Ansley Park brick by Cherokee Brick will be utilized on all homes or an option of painted brick in a white tone. Side (courtyard) or front loading garages are acceptable. Floor plans can be designed to fit owner desires. The Developer will maintain Architectural control until such time it will be passed to HOA.
Concerning the Final Rule Implementing the Housing for Older Persons Act of 1995 (HOPA) Title VIII of the Civil Rights Act of 1968 (the Federal Fair Housing Act), as amended by the Fair Housing Amendments Act of 1988 (the Fair Housing Act), prohibits discrimination in housing and real estate-related transactions based on race, color, religion, sex, national origin, handicap and familial status (in general, the presence of children under the age of 18 in the household). The prohibition against discrimination based on familial status became effective March 12, 1989. The Act contained a provision exempting “senior” housing from the prohibition against familial status discrimination. The Housing for Older Persons Act (HOPA), signed into law by President Clinton on December 28, 1995, amended the housing for older person’s exemption against familial status discrimination. The HOPA modified the statutory definition of housing for older persons as housing intended and operated for occupancy by at least one person 55 years of age or older per unit. It eliminated the requirement that housing for older persons have significant services and facilities specifically designed for its elderly residents. It required that facilities or communities claiming the exemption establish age verification procedures. It established a good faith reliance defense or exemption against monetary damages for persons who illegally act in good faith to exclude children based on a legitimate belief that the housing facility or community was entitled to the exemption.