How is it that a development can be made for older people, with a restriction of ownership only over a certain age? I would guess it would be highly illegal to do the opposite- no one over a certain age allowed ownership.

Good question. My guess is it's just a byproduct of our discrimination laws. No law protects white men under 50 or children.

"The Housing for Older Persons Act amends Title VIII of the Civil Rights Act of 1965."


https://web.archive.org/web/20080503074542/http://www.hud.gov/offices/fheo/progdesc/title8.cfm

If you were to develop a community for say 40 and younger only, then you'll have to enforce kicking that person out of the community once they reach that age. What if that person isn't financially able to or doesn't want to?

What brought this up in discussion was some people (we don't know) live in a similar community and their children died, leaving them their grandchildren to raise. That community now, as I understand, has to give them a waiver, and other community members are fussing about it, not wanting to give it.

Kids suck. I dont blame those residents for being pissed.

harrierdoc said:

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How is it that a development can be made for older people, with a restriction of ownership only over a certain age? I would guess it would be highly illegal to do the opposite- no one over a certain age allowed ownership.

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That's interesting. Never thought of that. I assume that a "no old folks allowed" development has never been tried. I just don't think it would have much market demand. NOW, a trendy "young people only" condo/apartment development in the right area could certainly be appealing.

Personally, my libertarian leaning self believes you should be able to age/sex/race/religion, etc. restrict in any way you want, and let the market do its thing. B/c in this day and age a "whites only" or "no gays allowed" development just wouldn't take off b/c no one would want that stigma attached to where they live. But social norms state that a neighborhood where the elderly can live before they die is completely acceptable.

Age discrimination against old people is illegal.

Age discrimination against young people (in the context of housing) is perfectly legal.

Red Pear Realty said:

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Age discrimination against old people is illegal.

Age discrimination against young people (in the context of housing) is perfectly legal.

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And that seems wrong to me. Both should be legal.

Here is the story.

https://www.azcentral.com/story/money/business/consumers/2020/01/15/prescott-hoa-wants-kick-orphaned-teen-out-grandparents-house/4469397002/

and another

Grandparents are furious after the HOA said their orphaned teen grandson must leave their home

https://www.live5news.com/2020/01/15/grandparents-are-furious-after-hoa-said-their-orphaned-teen-grandson-must-leave-their-home/

you can't selectively enforce your deed restrictions and expect to keep them valid.

It's a crappy situation, but rules are rules.

Diggity said:

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you can't selectively enforce your deed restrictions and expect to keep them valid.

It's a crappy situation, but rules are rules.

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Quote:

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However, the association board is allowed to make exceptions for younger residents "at its discretion," according to a copy of the 2002 rules reviewed by The Arizona Republic.

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Very sad situation.

well there ya go. sounds like they're just a-holes.