Fair Housing - Lost in Translation

I have what I continue to believe is a fair housing concern.

There is a HUD act called HOPA - it's for housing for older persons. This is NOT in reference to a community designated at 55 and over. Under HOPA there is an 80/20 residency requirement stating at least 80 percent of the residences in a community must have at least 1 family member over the age of 55.  The other 20 percent of the community may be comprised of folks of any age.  There seems to be a flaw in the act as one housing protected class is actually not protected by this act.

There is a community in Roy, Utah which deems itself as being an "adult" community.  When you call and ask if they are a 55 and over community their answer is that no they are an adults only community. They claim to have 80% of their residences occupied by at least one resident over the age of 55, and openly market the other 20% of their community to people of any age, with one stipulation. The stipulation is they do not allow residents under the age of 18. This means while a person under 55 would be allowed to move into the community they would be prohibited if they had children under the age of 18.

The community is not marketed as a senior community, and 20% is openly marketed to persons of any age.  Familial status is a protected class left unprotected by this act (verified by Utah's fair housing office).

Not only problems, but solutions.

I would suggest if a community were to market strictly to the 55 and over community and end up with some residents slightly younger than that it would be no problem. The purpose of the act as I understand it was to ensure a surviving spouse not meeting the age criteria was not forced to move out upon the death of an older spouse.

If the community chooses to market to other than seniors they must then be forbidden from discriminating based on familial status - if a 20 year old is allowed to live there then in the spirit of the fair housing laws it should also be suitable housing for a 30 year old single mother with a 10 year old child.

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