Housing Older Persons Act (HOPA) December 10, 2007
The HOPA act of 1995 Final Rule can be found in http://www.hud.gov/offices/fheo/library/hopa_final.pdf
(This WEB site can answer most questions on the 55plus rules)
Senior Housing Exemption
Although the FHAct was amended in 1988 to prohibit discrimination on the basis of disability and familial status, Congress intended to preserve housing specifically designed to meet the needs of senior citizens. Housing that meets the FHAct definition of “housing for older persons” is exempt from the law’s familial status requirements provided that:
- HUD has determined that the dwelling (Mobilehome Park) is specifically designed for and occupied by elderly persons under a Federal, State or local government program. See the below section of the Health and Safety Code for additional rules for MHPs in California.
Health and Safety Code Section 18300
(g) This part shall not prevent local authorities of any city, county, or city and county, within the reasonable exercise of their police powers, from doing any of the following:
(1) From establishing, subject to the requirements of Sections 65852.3 and 65852.7 of the Government Code, certain zones for manufactured homes, mobilehomes, and mobilehome parks within the city, county, or city and county, or establishing types of uses and locations, including family mobilehome parks, senior mobilehome parks, mobilehome condominiums, mobilehome subdivisions, or mobilehome planned unit developments within the city, county, or city and county, as defined in thezoning ordinance, or from adopting rules and regulations by ordi
nance or resolution prescribing park perimeter walls or enclosures on public street frontage, signs, access, and vehicle parking or from prescribing the prohibition of certain uses for MHPs
There is two programs for Older Persons:
(1) 62 Plus (see below)
(2) 55 plus with a minimum 80/20 ratio (see below)
(3) Family park—No HOPA rules
24 CFR , Subpart E Section 100.303 62 or over housing.
- It is occupied solely by persons who are 62 or older or
The provisions regarding family status in this part shall not apply to housing intended for, and solely occupied by, persons 62 years of age or older. Housing satisfies the requirements of this section even though:
(I) There are persons residing in such housing on September 13, 1988 who are under 62 years of age, provided that all new occupants are persons 62 years of age or older;
(2) There are unoccupied units, provided that such units are reserved for occupancy by persons 62 years of age or over;
(3) There are units occupied by employees of the housing (and family members residing in the same unit) who are under 62 years of age provided they perform substantial duties directly related to the management or maintenance of the housing.
(b) The following examples illustrate the application of paragraph (a) of this section:
Example (1): John and Mary buy a Mobilehome/Manufactured in a Mobilehome Park complex which is an elderly housing complex operated for persons 62 years of age or older. John Is 62 years of age. Mary is 59
years of age. If the Mobilehome Park wishes to retain its “62 or over” exemption it must refuse to rent to John and Mary because Mary is under 62 years of age. However, if the Mobilehome park does rent to John and Mary. It might qualify for the “55” or over exemption in 100.304.
Example (2): Blueberry Mobilehome community has 100 spaces. On September 13, 1988, 15 spaces were vacant and 35 spaces were occupied with at least one person who is under 62 years of age. The remaining 50 spaces were occupied by persons who were all 62 years of age or older. Blueberry Mobilehome Park can qualify for the ‘62 or over” exemption as long as all spaces that were occupied after September 13, 1988 are occupied by persons who were 62 years of age or older. The people under 62 in the 35 spaces previously described need not be required to leave for Blueberry MHP to qualify for the ‘62 or over” exemption. But, once any of these spaces sell or becomes vacant the new Homeowners must be 62 or older.
What these sections do not tell you is that the decision to remain 55 plus or 62 plus is up to the Park Owner or what may or may not be in your lease or rental agreement and how the Park is presented to you and the public. It must be clearly stated that this Mobilehome Park/Manufactured Home is one of the three;
(See HOPA rules above for detail information on 55 plus Park)
Senior Park all Homeowners 62 Plus
“55” plus Park (meet the requirements as stated in the HOPA
All age or Family Park
24 CFR , Subpart E Section 100.304 Housing for persons who are 55 years of age or older.
It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates intent to house persons who are 55 or older.
Housing that satisfies the legal definition of senior housing or housing for older persons described above, can legally exclude families with children.
Once a Mobilehome/Manufactured Home is a Family Park (all age) the park would be subject to a violation of the Fair Housing Act and cannot discriminate against Families with children under 18.
A Park Owner can go from 62 + to a 55+ to a Family Park, but a park may not reverse the process and go from Family to 55+ or 62 +(Senior Park).
So—–if you are a 55+ or 62 + park you had better make sure the park management or and Owner comply with the requirements of HOPA Act. HOPA requires a park owner to survey the 80/20 mix every two years and maintain the survey at the local level for as long as the park is a 55+ park. It is also permissible in a 55+ park to have a rule that all residents must be 55+.
Park Owners are not required to ask for a vote from Homeowners as to the type of park they wish to have– although some park owners do—it is not a requirement.
The 55+ Park has many variables, pleased refer to the 44 Questions on the below WEB page for details. This information should help answer questions or confuse you altogether.
Go to this Web page for details; http://www.hud.gov/offices/fheo/library/hopa_final.pdf This site has 44 questions and answers on 55+ parks.