Many people are confused about Fair Housing. Does the Fair Housing Act apply to all properties -- apartments for seniors older than 55; mobile home communities that advertise 55 years or older and 55-plus condominium properties?
The Fair Housing laws apply to all property types that are residential.
Advertisement
There are two different qualifications for senior communities.
Either you have at least one person who is 55 years or older living in 80 percent of the units; or 100 percent of the residents are 62 years or older.
This comes from the Civil Rights Act of 1968 Title 8-Section 804, which states that it is against the law to discriminate in the sale or rental of housing based upon familial status. Section 807 provides for the elderly qualification.
Some home builders market communities or associations as elderly communities to avoid children, but as far as the law is concerned to be an elderly community, it must be categorized as one of the two above options.
There is an exception, known as the Mrs. Murphy (named after the woman who requested it), that provides for exceptions to apartment building owners who own four or less units.
This piece of law is very specific and can be found in Section 803.
It states nothing in Section 804 can apply to "any single-family house that is sold or rented by an owner provided that such private individual owner does not own more than three such single-family houses at any one time.
Provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale; or who was not the most resent resident of such house prior to such sale; the exemption granted by this subsection shall apply only with respect to one such sale within any 24 month period." (This means the government does not want home sellers to circumvent the law with multiple sales.)
In addition, the owner is not exempt from the Fair Housing laws if they use a real estate license in the sale or leasing of the home. They also cannot buy advertising to rent or sell the house.
The second part of the Mrs. Murphy exemption says there can be no more than four families living independently of each other if the owner actually maintains and occupies one of such living quarters as his or her residence.
There is no exemption for anyone to be discriminated based on race or color per the 1866 Civil Rights Act. Even Mrs. Murphy is not exempt in that.
Example: I own a mobile home in a community that states that you can sell your mobile home to someone who is 40 or older, but no children younger than 18 can live there. Is this legal?
The answer is no. It does not meet the legal standards of what constitutes elderly housing. Consequently, it is not a legal elderly community and they cannot have a regulation that states only those 40 years and older can purchase a home there and no one younger than 18 can live there.
A senior community under federal law begins at the age of 55. I could be 55 years old and raise my grandchild who is 6 and be in compliance.
Example: I live in a 55-plus, gated condominium complex. The president and the board said that no one younger than 55 can live here and absolutely no children can reside here for more than three months with a grandparent. Is this legal?
Again, the answer is no, for the same reason as in example two.
Example: I presently have custody of my 9-year-old granddaughter and will have her for a year.
Can she stay with me, or must I try and sell my home and move?
This answer is yes. She can live with you. If your association applies pressure and sends you violation letters and fines, you need only to make one telephone call to the U.S. Department of Housing and Urban Development's (HUD),
Fair Housing and Equal Opportunity division at 800-347-3739 for assistance.
Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors. Questions may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.
