People in the market for a new home may wonder, can someone under 55 live in a 55+ community? Seniors Guide writer Eric J. Wallace went looking for answers.
Whether the joys of retirement wait just over the horizon or have already arrived, it’s important to consider how to make the most of your life’s golden chapter. For many, that involves a move to a preferred geographic region or setting that brings special amenities and resources – or maybe both.
If you’re thinking about relocating, retirement communities offer a unique value proposition. They come with readymade support systems built in. Age restrictions combine with a broad range of active-living resources like golf, racket sports, dances, social events, group trips, educational opportunities, and exercise classes to make it easier to meet and get to know new friends. Perks may include community-covered yard maintenance, water, heating, cooling and electric bills, and transportation and medical-related services.
But what happens if you’re approaching retirement and considering an early move: Can someone under 55 live in a 55+ community? While the answer may seem obvious, the truth can vary from state to state and ultimately depends on the guidelines of the community in question.
Answers to whether someone under 55 can live in a 55+ community
Rules vary from state to state, community to community. If you wonder, can someone under 55 live in a 55+ community, know that there are some exceptions to what may seem to be the obvious answer.
Fairness, age rules, and regulations
It may seem strange – or even unfair and illegal – that a community has the ability to create restrictions around residents’ age. But the practice is rooted in the Fair Housing Act of 1968 (FHA). While the law bans discrimination related to factors like race, color, gender, national origin, religion, and disability, it makes no mention of age. The omission allows developers to legally set minimum age limits for residents.
Meanwhile, most states do not seek to “prevent communities from being for mature adults,” writes Mary Beth Adomaitis, “because they understand the benefits of income- and age-based housing programs.”
That said, there are some exceptions to the rule.
Most communities, for instance, only mandate that one member of the household be over the age of 55. They may have further stipulations, however, that regulate the age of spouses and children.
According to Adomaitis, the secondary restrictions “commonly set minimum ages at 40 for a spouse or partner [and] 18 for a child.”
Guests under 55 (such as adult children and grandchildren) are often allowed to visit, but typically only for a limited time, such as 30 to 90 days per year.
Designated permanent residents, like a spouse or a live-in family caretaker who’s under the age of 55, are usually protected from unforeseen circumstances like the death of the primary 55+ household member, dissolution of a marriage, long-term absences, and permanent hospitalizations.
The 80/20 rule
Another possibility that could allow for someone under the age of 55 to live in a retirement community is the 80/20 rule. It stems from the federal Housing for Older Persons Act of 1995 (HOPA), which created nationwide FHA family status exemptions for retirement communities where “at least 80% of the occupied units include one resident age 55 or older, and the community shows an intent to provide housing for those 55 and up.”
When the senior living community meets the requirements, it can open up its remaining properties to younger families and buyers.
Some “may get rid of age restrictions in 20% of the development while the rest is governed by the HOPA exemption,” writes Adomaitis. “To be safe, many retirement communities allow younger households in a smaller amount of units, such as 15% of the development.”
Know before you go
Some states, like California, have additional rules for communities. Under the California Unruh Civil Rights Act, every dwelling in a non-subsidized 55+ communities must have at least one resident aged 55 or older, with no exceptions for tenants under 18 moving in alone. Secondary residents (living with the 55+ resident) must typically be “qualified permanent residents” either aged 45 or older or fitting into one of these three categories: the older resident’s spouse or cohabitant; someone who provides primary support; or a disabled child or grandchild who needs the resident’s care.
Meanwhile, senior developments in other states have their own age and exemption policies.
While most senior living communities follow similar guidelines, it’s best to inquire about restrictions with individual communities in advance to avoid confusion and wasting time.
