Housing For Older Persons ("HOPA")

THE HOUSING FOR OLDER PERSONS ACT

The acronym for "The Housing for Older Persons Act" is HOPA.  The Housing for Older Persons Act was signed into law by President Clinton on December 28, 1995, amended the housing for older persons exemption against familial status discrimination.

This law states that it is legal for communities to market themselves as "55+" or "age-restricted" provided they maintain records proving that 80 percent of the occupied units by at least one person who is 55 years of age or older.  However, if the number of people age 55+ in a given community falls below the 80% threshold, the community could lose its age-restricted status.  Loss of such status is permanent.  The provision in the Act permitting 20% of the units to be occupied by persons under 55 is intended, in part, to prevent a housing facility/community from losing the exemption due to situations where there are surviving spouses and underage heirs when the 55 or older occupant dies.

Occupancy provisions require that on the date the exemption is claimed that at least 80% of all occupied dwelling units be actually occupied by one or more persons age 55 or older, or, if the dwelling unit is temporarily vacant (due to vacation, hospital stay, etc.), at least one of the occupants immediately prior to the date on which the unit was temporarily vacated was 55 years of age or older.  If a dwelling has been leased, it is the age of the current occupants, not the owners that is considered for purposes of the exemption.

For a community to be considered "housing for older persons" as a 55+ community, the housing be intended and operated for occupancy by persons 55 years of age or older and meet the following:

·         At least 80% of the occupied units are occupied by at least one person 55 years of age or older.

·         The facility or community publishes and adheres to policies and procedures that demonstrate its intent to in fact be a provider of housing for older persons.

·         The facility or community complies with rules established by the US Department of Housing and Urban Development (HUD) for verification of occupancy.  In addition to legal documents are generally considered sufficient to verify age, a self-certification in a lease application affidavit, or other document signed by an adult member of the household asserting that at least one occupant in the unit is 55 years of age or older would satisfy this HUD requirement.

Under the Housing of Older Persons Act, HOAs with the adult community exemption must recertify the occupants within their communities every two years. 

On April 2, 1999, HUD published a final regulation implementing the HOPA.  The HOPA final regulation became effective on May 3, 1999. To learn more about the HOPA exemptions you can visit and read the very helpful HOPA Questions and Answers provided by US Department of Housing and Urban Development (HUD).