The Housing for Older Persons Act of 1995 (HOPA) () amends Title VIII of the

Civil Rights Act of 1968 The Civil Rights Act of 1968 () is a landmark law in the United States signed into law by United States President Lyndon B. Johnson during the King assassination riots. Titles II through VII comprise the Indian Civil Rights Act, which applie ...

(Fair Housing Act). The consolidated Act is administered by the

U.S. Department of Housing and Urban Development The United States Department of Housing and Urban Development (HUD) is one of the executive departments of the U.S. federal government. It administers federal housing and urban development laws. It is headed by the Secretary of Housing and Urb ...

(HUD). The law was signed by

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Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...

on December 28, 1995. HOPA amends the Fair Housing Act as follows: * eliminates the requirement that qualified housing for persons age 55 or older have "significant facilities and services" designed for the elderly * provides "good faith reliance" immunity from damages to persons who in

good faith In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case ...

believe and rely on a written statement that a property qualifies for the 55 or older exemption, unaware that the property is ineligible for the exemption.

The Act's language and summary

The Act "amend the Fair Housing Act to modify the exemption from certain familial status discrimination prohibitions granted to housing for older persons." The

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is the "Housing for Older Persons Act of 1995." Section 2, defining "housing for older persons", amends Section 807(b)(2)(C) of the Fair Housing Act, as that being A good faith attempt to comply with the Act is a defense against civil

money damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...

; Section 807(b) of the Fair Housing Act is amended by adding: It was approved on December 28, 1995 and signed into law by President

Summary

This law states that it is legal for communities to market themselves as "55+"or "age-restricted" provided they maintain that 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older. However, if the number of people age 55+ in a given community falls below the 80 percent threshold, the community could lose its age-restricted status (and loss of such status would be permanent). Most 55+ age-restricted active adult communities will place an age-minimum on the residents. In most active adult communities, no one under the age of 19 may reside in the community unless granted an exemption (or, if the community has designated "family units", resides within those areas). However, at a community's discretion, the age-minimum may be higher or lower. Furthermore, most communities stipulate that if anyone under the age of 55 resides in their community, they must live in a household where at least one occupant is 55 or older. Nearly all age-restricted and active adult communities allow people under the age minimum, such as grandchildren, to visit and stay on a limited basis. Most age-restricted communities have covenants that allow people under the age-minimum to reside temporarily in the community for a period of time ranging from two weeks to 90 days per year (varies by community).

History

* December 28, 1995 - signed into law by President Bill Clinton, following approval by the

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and

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* April 2, 1999 - HUD publishes final regulation implementing HOPA, effective May 3, 1999

References

{{Reflist

External links

U.S. Department of Housing and Urban Development
United States federal housing legislation Acts of the 104th United States Congress Housing for the elderly in the United States United States elder law