Members of the mature generation are fortunate to be able to retire to communities known as age-restricted or 55+ housing, or whichever label may be attached to denote independent living. Within these neighborhoods, there are housing authorities that provide rules, regulations, and guidelines to keep the area safe, secure, and pleasant for those living there. They also offer several amenities for private enjoyment.
Can someone under 55 live in a 55+ community? There are homeowner’s associations that will allow residents under the age of 55 to live in a 55+ community. In these situations, there must be a person also living in the home with that person who is over 55. So, you can purchase a home in a 55+ community as a young adult as long as you will be residing with someone who meets the age requirements for the neighborhood.
Most people who choose to live in these neighborhoods as opposed to a typical apartment or housing development, want to avoid the types of commotion that can be associated with a younger crowd, particularly those with children. They prefer an area where their peace will not be disturbed. And the benefit of the amenities is enticing.
Can Family Members Under 55 Live in a 55+ Community?
In today’s world, a 55-year-old may not be an “empty nester.” It’s not unheard of for grandparents to have the designation as a guardian for their grandchildren. And, many baby-boomers have millennials who return “home” to live.
So, when it comes time to retire to one of the senior communities, those 55+ may need to consider their young charges or other family members for whom they may be playing host.
When you’re in the searching phase of finding a senior community, it’s essential to check the legal restrictions and regulations for each housing community that you find interest in to determine what they deem as ‘senior.’
- Many senior neighborhoods are very strict about the age restrictions with limits beginning at age 40 for a spouse.
- Others are more lenient and will allow a resident’s child aged 18+.
- Some communities allow minors – often for a limited period of time.
Knowing the guidelines will assist you in selecting the community that will meet your specific needs, especially if you are the guardian of a small child. In each of these scenarios, at least one person in the home needs to meet the 55+ age requirement.
Who Sets Age Restrictions for Senior Housing?
The Housing for Older Persons Act or HOPA is responsible for defining each housing community and will decide whether minors will be allowed to reside in a particular senior neighborhood or not.
Those organizations that are deemed ‘senior living communities’ have the potential for tax credits and other types of incentives as a trade for the residences and services they offer seniors. These incentives are why there are limitations attached to ages.
The senior communities that have a designation for those who are 62-years-old and over are strictly for people of that age group per HUD regulations. Everyone living in the home must be of that age, whether it be spouse, family members, anyone living in the home must be 62.
There are no children allowed regardless if the grandparent is a legal guardian. The only exception to these strict guidelines are individuals with legal handicaps under 62.
How Do 55+ Communities Handle Minors?
HUD’s regulations apply in senior communities, such as those that are 55+. In these communities, the general rule of thumb is that at least one person living in the home has to be 55 or over.
Grandparents who have guardianship over their minor grandchildren would be allowed to have them in residence. There are always exceptions to every rule, and that is the case in this situation as well:
- Senior communities have the option to allow residents under the age of 55 if they so choose, but they are not required to do so according to their homeowner’s association.
- A community may decide that they do not want anyone younger than 55 and publish this as their policy. Any senior who wants to avoid those neighborhoods with young children only need to review each community’s plan to see how strict they are with their age limitations.
- Grandchildren in the 55+ community may have a restriction from the facilities and activities offered in the senior communities so residents can enjoy their experience without disruption. Grandparents will then be limited in their recreational activities due to the responsibility of the children keeping them home.
- One exception with a 55+ community that many seniors may not be aware of is that there is a regulation permitting only approximately 80% of the homes to be 55+, with 20% rented to the general public.
Renting to the public allows landlords to keep units filled even if there is decreased demand in the required age group.
Having the public at large in the community could potentially expose the senior population to a significant number of children. The disruption that children cause defeats the purpose of why seniors move into this type of community in the beginning.
Do Senior Housing Communities Count As A Type Of Discrimination?
Some feel that these specific community developments for the aged population, complete with amenities and exceptional facilities, are in some way unfair to people of other generations.
They feel that there is some discrimination happening against every other age group because there aren’t particular types of housing for them. There is no discrimination, according to the Fair Housing Act, developed in 1968.
With this Act, the determination is that those buying a home will not experience discrimination due to:
- Color
- Race
- National origin
- Gender
- Family status
- Disability
- Religion
Age is not a federally-protected category when it comes to housing. This allows limits to be set as to how old someone is who buys or rents a home. Most of the states are not going to disallow communities to designate themselves for the mature generation because the government realizes the advantages that these types of programs offer.
Summary Of Life In An Age-Restricted Community
Most of the age-restricted communities you find will be fairly strict with their age guidelines. One of the main rules that you will find in the 55+ housing is that there must be at least one resident in the home who meets this age requirement.
While the other members of the household can be younger in most situations, there are limits to that as well. In a majority of communities, a spouse or partner should be at least 40. Adult children are also generally allowed, but many communities have restrictions on how long minor children can visit overnight.
Why isn’t this considered age discrimination?
Because the idea of living in a senior community is for those, who retire to find people of like minds to share experiences with, socialize, and enjoy activities together. The restriction isn’t meant to preserve the lifestyle of the members of this older generation. Every other community around is for families; this one is for seniors and serves the needs of seniors.
It’s time and space where they can still have great independence among people who are in similar places within their lives. They have most likely all reached retirement or about to, possibly raised families, and they’re all ready to settle into a much more minimal lifestyle at this point.
Moving and change are stressful for everyone, but it’s particularly tough as we age. These types of neighborhoods are appealing because everyone is experiencing these same types of fears. The housing provides the opportunity to make friends who they can work through challenges with and look forward to relaxing through a much more peaceful stage in their lives.