A Hauppauge condo or co-op described as 55 and over is operating under a federal exemption with specific rules, and those rules are written down. Here is how the exemption works and which documents show it, for Hauppauge homes on either side of a sale.
TL;DR
- The Housing for Older Persons Act of 1995 set the current federal test for 55 and over housing.
- 80 percent or more of occupied units must have one occupant who is 55 or older.
- The community must publish and adhere to policies showing its intent, and verify ages with surveys updated every two years.
- The exemption covers familial status only, not race, color, religion, sex, disability or national origin.
- For a condo or co-op, the offering plan, board minutes and financial report are the paper trail the Attorney General points buyers to.
Table of contents
- Where the 55 and over rule comes from
- The three requirements
- How ages are verified
- What the exemption does not cover
- The condo and co-op documents
- Related pages
Where the 55 and over rule comes from
The Fair Housing Act bars discrimination based on familial status. Public Law 104-76, the Housing for Older Persons Act of 1995, amended the Act's exemption for housing intended and operated for occupancy by persons 55 or older. HUD's rules for it are in 24 CFR Part 100, Subpart E.
The three requirements
HUD's fair housing booklet lists three requirements for the 55 or older exemption:
- Occupancy. Under section 100.305, 80 percent or more of the occupied units must be occupied by one or more persons age 55 or older. A fraction of a unit counts as a unit that has to meet the rule.
- Intent. Under section 100.306, the community publishes and adheres to policies and procedures showing it operates as 55 or older housing. Relevant factors include how it is described to prospective residents, its advertising, written rules, deed or other restrictions, and public posting in common areas. The rule says phrases such as "adult living" or "adult community" in an advertisement or prospectus are not consistent with that intent. If a deed or other community document carries language inconsistent with that intent, HUD considers documented evidence of a good faith attempt to remove it.
- Verification. The community follows HUD's age verification rules.
How ages are verified
Section 100.307 calls for procedures that routinely determine the occupancy of each unit, including whether one occupant is 55 or older, and these may be part of a normal purchasing arrangement. The information is updated through surveys or other means once every two years or more often. Reliable documents include a birth certificate, a passport or another official document with a birth date, or a certification signed by a household member age 18 or older. If the occupants of a unit refuse to comply, the community may, with sufficient evidence, consider the unit occupied by one person 55 or older.
A summary of occupancy surveys is available for inspection upon reasonable notice and request by any person. For a buyer, that summary and the community's published rules are the documents that show how the exemption is being run.
What the exemption does not cover
HUD's booklet says the housing for older persons exemption does not protect a facility or community from liability for discrimination based on race, color, religion, sex, disability or national origin. The exemption applies to familial status only.
The condo and co-op documents
According to the Attorney General's guide for co-op and condo buyers, units sold by a sponsor are sold under an offering plan, and the Attorney General recommends reading the entire plan and consulting an attorney before signing a purchase agreement. In a resale by an individual owner, the sale is not regulated by the Attorney General and no offering plan is required. The guide points to the minutes of board meetings from the prior year and the current financial report as sources on the building's condition.
The Attorney General's offering plan database searches filings by property name, address, file number or sponsor, and shows the filing type, the number and type of units and the relevant dates.
Related pages
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