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  1. #1
    Join Date
    Sep 2009
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    Virginia, United States
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    17

    Default 55 and Older Communities (Age Discrimination)

    55 and older communities are popping up everywhere. Isn't this age discrimination?

    If "they" can develop communities of 55 and older, then it seems to me that one could develop a community for people "only between the ages of 25 and 45" or worse, "Only Black" or "Only White" communities. What about an all "Gay only" community. Would those be legal?

    Just curious...

  2. #2
    Join Date
    Mar 2008
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    1,995

    Default Re: 55 and Older Communities (Age Discrimination)

    Quote Quoting VaDesigner
    View Post
    55 and older communities are popping up everywhere. Isn't this age discrimination?

    If "they" can develop communities of 55 and older, then it seems to me that one could develop a community for people "only between the ages of 25 and 45" or worse, "Only Black" or "Only White" communities. What about an all "Gay only" community. Would those be legal?

    Just curious...
    Housing for people ages 55 and older is embodied in Federal housing Laws. There are requirements for extra wide doorways, and other amentities suitable for people of this age group.

    Besides housing, there are a number of other services made available to only to people over a certain age.

    Currently, I work at a city funded senior citizens center, and it's social services are only available to people 62 years of age or older. We have social workers that assist people 62 and older on a wide range of issues, from assistance with housing, medical care, transportation, and so forth.

    From time to time, we have citizens walking off the streets asking for assistance for matters that we provide seniors, and we have to politlely tell them that our facilities are only for folks over 62 years of age.

    As to constituational issues that are involved, then you'll have to take the matter up with your local political establishement. You would have to make the case that seniors deserve no more services or preferences from government compared to people in the age groups of age 25 to 45, or preferences for gay people.

    The political establishment had long ago determined that seniors have unique needs that deserves special accomodations, just as there are facilities and accomodations made for pre-schoolers, government paid schools for grades 1 to 12. In fact, free public education is restricted to children up to age 18 in most areas, and no one had argued that someone ages 25 to 45 should be allowed to attend school for free, if they felt like it, if such services are already made available to people under age 18.

    The law recognizes that people under 18 years of age has certain needs, just as people over a certain age has special needs.

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,570

    Default Re: 55 and Older Communities (Age Discrimination)

    I'm studying Florida Real Estate.

    This is what it reads under the Fair Housing Law, Chapter VIII of the Civil Rights Act of 1968:


    HOUSING FOR OLDER PERSONS: Certain housing for older persons is exempt from the Familial Status protection under the Fair Housing Act provided:

    - All units are occupied by persons 62 years of age or older; or
    - Atleast 80% of the units are occupied by one or more persons 55 years of age or older.

    There may be local/state laws in place that over-ride that.

  4. #4
    Join Date
    Mar 2008
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    1,995

    Default Re: 55 and Older Communities (Age Discrimination)

    Just to add that there is NO POLITICAL WILL to mess around with "55 and over" communities for a variety of reasons.

    First, many states have learned that after housing developments are built, what follows are families and children and the need for schools, and with that, expensive unionized teaching staffs, and then retirement pensions that goes on forever breaking the bank. They have none of that with "over 55 communities", and love to build more.

    State like CA, NY, NJ and many others are going broke with expensive school systems.

    Second, from I see at the senior center I'm at, seniors got too much time on their hands. Politicians would never try to mess with this huge active voting block.

    Third, I owned rentals up in MA, a neighboring town had two propositions on the ballot one year, one to fund schools, and one for funding senior facilites. School funding was voted down, and senior funding was approved by a wide margin.

    From this, I see little action on the state or federal level to restrict "over 55 communities".

  5. #5
    Join Date
    Mar 2009
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    Michigan
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    6,570

    Default Re: 55 and Older Communities (Age Discrimination)

    These are the classes protected under Title XIII of the Civil Rights Act of 1968:

    Race
    Color
    Religion
    Sex
    Handicap (Mental or physical)
    National Origin
    Familial Status (families with children under 18; pregnant women)

    Age, as mentioned in my earlier post, is protected only in certain cases -
    - All units are occupied by persons 62 years of age or older; or
    - Atleast 80% of the units are occupied by one or more persons 55 years of age or older.

  6. #6
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: 55 and Older Communities (Age Discrimination)

    Quote Quoting PandorasBox
    View Post
    These are the classes protected under Title XIII of the Civil Rights Act of 1968:
    Make that 1964.

  7. #7
    Join Date
    Mar 2009
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    Michigan
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    Default Re: 55 and Older Communities (Age Discrimination)

    Textbook states 1968.

  8. #8
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,128

    Default Re: 55 and Older Communities (Age Discrimination)

    Hey, P,

    It's '64.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  9. #9
    Join Date
    Oct 2009
    Posts
    158

    Default Re: 55 and Older Communities (Age Discrimination)

    That's what my Florida Real Estate Principles, Practices & Law 28th edition, copyright 2005, says also -- 1968 !

    Go to this link.

  10. #10
    Join Date
    Jan 2006
    Posts
    28,310

    Default Re: 55 and Older Communities (Age Discrimination)

    http://www.google.com/search?sourcei...vil+Rights+Act

    http://en.wikipedia.org/wiki/Civil_Rights_Act_of_1968

    there is a civil rights act of 64 and one of 68.

    The Civil Rights Act of 1968 prohibited the following forms of discrimination:
    1. Refusal to sell or rent a dwelling to any person because of his race, color, religion or national origin. People with disabilities and families with children were added to the list of protected classes by the Fair Housing Amendments Act of 1988.
    2. Discrimination against a person in the terms, conditions or privilege of the sale or rental of a dwelling.
    3. Advertising the sale or rental of a dwelling indicating preference of discrimination based on race, color, religion or national origin (and, as of 1988, people with disabilities and families with children.)
    4. Coercing, threatening, intimidating, or interfering with a person's enjoyment or exercise of housing rights based on discriminatory reasons or retaliating against a person or organization that aids or encourages the exercise or enjoyment of fair housing rights.
    title 8 of 64:

    Required compilation of voter-registration and voting data in geographic areas specified by the Commission on Civil Rights
    .

    I vote for the 68

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