Is it common for operators to market themselves as 55+ parks but legally it turns out are not? I’m working on one that legally appears not to be 55+ but they have a sign saying 55+ community right by the office. Not sure how kosher this is.
Any recommended FL MHP attorneys?
I think it happens more than most people suspect. The fix is relatively easy. You just need to conduct a census of your residents, and ensure that at least one resident per home is 55+ in greater than 80% of the homes. Take a photo or scan a copy of their proof of date of birth.
David Eastman of Lutz Bobo Telfair is great.
Very helpful, thank you!
Age discrimination is totally illegal in housing so be careful. If you are not legally a 55+ community then your sign is begging for a lawsuit. Depending on your state you will have to verify.
Does HUD issue an actual certification under HOPA for 55+ communities? Or is it understood that if you follow the rules (and would likely pass an audit) then you’re protected under HOPA as 55+?
Are you aware of any state regulations which differ from the national HUD regulations?
There’s a formal legal process to be declared a 55 plus community. A simple on your own declaration means little, other than as Brandon noted, you invite age discrimination claims. I’d add that it’s not that hard to go 55 plus - but it’s almost impossible to undue it. I believe the rule is you need to get 100% agreement to undue it. Good luck with that.
@KurtKelley Appreciate the information. Could you elaborate on the challenges in undoing 55+ designation? It seems that one could stop complying with the 55+ HOPA regulations, and as long as they fully complied with Fair Housing regs for new tenants they would be okay. Is it your understanding that there may be a requirement to get current tenant approval to undo this designation? Any suggestions from the forum on how to verify this?
Thanks in advance to all.
This is accurate, but I don’t have the source to verify.
Its not unusual especially with Mom & Pop parks and when they live in the park. It’s somewhat easier to deal with older people so they only allow older people to live in there. Being as turnover is very low at most parks especially at that age, they can get away with it. However, it only takes one person to come after you for age discrimination. Its an easy fix to get it done right.
Frank told me a story of an operator in Florida who desparately tried to undue his park’s 55 plus status. He even went to the the trouble of suing himself. My understanding is that he was never successful. Generally speaking, undoing a 55 plus property designation requires 100% tenant agreement. From what I recall, the Florida park could have been easily filled with families under 55, but it wasn’t a draw at all for retired seniors.
As a Florida +55 operator we have seen parks go to all age and even do +45. The market will determine if park owner decide to change–plus 20% can be less than 55.