Yuma, Arizona's Premier Co Op Resort
Per the Fair Housing Amendments Act of 1988 (the “Act”)
Housing for Older Persons Act 1999: Final Rule
(Department of Housing and Urban Development: 24 CFR Part 100)
INTRODUCTION
The Fair Housing Act (Title VIIT of the Civil Rights Act) (“Act”) exempts “housing for older persons” from the Act’s prohibition against discrimination because of familial status. Section 807 (b)(2)(C) of the Act exempts housing intended and operated for occupancy by persons 55 years of age or older which satisfies certain criteria HUD has adopted implementing regulations further defining the “housing for older persons” exemption at 24 CFR part 100, sub part E (Housing for Older Persons Act, hereinafter: HOPA).
There are 4 factors required for a facility to claim the 55 and older exemption:
(1) that the housing be intended and operated for persons aged 55 and older; (24 CFR 100.304)
(2) that at least 80 percent of the occupied units be occupied by at least one person who is 55 years
of age or older: (24 CFR 100.305)
(3) the housing facility or community must publish and adhere to policies and procedures that
demonstrate its intent to operate as housing for persons fifty-five (55) years of age or older; (24
CFR 100.306)
(4) the housing facility or community must also comply with rules issued by HUD for the verification
of occupancy; (24 CFR 100.307)
Orchard Gardens Coop is qualified for the exemption as a community for 55 year or older persons. The
intent is stated in the Rules and Regulations of the community. This document’s purpose is to accumulate in one place for easy reference the age restriction policy adopted by Orchard Gardens Coop within the rules and broad discretion permitted under the Act and HOPA. The Board of Directors, in its sole discretion, may add, delete, or change its policies within the scope permitted by the Act and HOPA, Arizona State laws or local laws.
Qualification for Exemption under the Fair Housing Amendments Act of 1988 and HOPA In accordance with the ACT and HOPA Orchard Gardens Coop has clearly indicated its intent to qualify as housing for older persons aged 55 years or older in the following ways:
Rules and Regulations
1. Occupancy Age Restrictions
1.1 There must be at least one person that is fifty-five (55) years of age or older (age qualified) residing in each unit. (24 CFR Section 100.304)
1.2 No person under the age of 18 may reside in Orchard Gardens Cooperative.
1.3 Persons under the age of 18 may visit as guests for a maximum period of 30 days per calendar year.
1.4 Persons 18 years of age or older may reside in Orchard Gardens Coop if there is an age qualified person also residing in the unit.
1.5 These age restrictions apply to owners, renters and house guests who occupy the dwelling unit in the absence of the age qualified owner or renter.
2. Occupancy Exception
2.1 The policy of Orchard Gardens Coop is not to permit underage occupancy in any unit.
2.2 There are only two (2) exceptions to the 55-age qualification.
a. Non-age qualified spouse/partner of an age qualified occupant, that for whatever reason no longer occupies the unit.
b. Heirs that inherit the property upon the deaths of the age-qualified occupants if all occupants are eighteen (18) years of age or older and the minimum 80% age qualified requirement under HOPA is maintained.
2.3 There are no exceptions for other non-age qualified persons who come into possession of a unit in Orchard Park Coop.
3. “80/20 Rule” (CFR 100.305)
3.1 HOPA requires that no less than 80% of the occupied units shall be occupied by at least one age qualified person. This does not mean that 20% must be occupied by non-age qualified people. It means that if 80% of the units are occupied by at least one age qualified person. Orchard Gardens Coop maintains its exemption under HOPA as a 55-year age restricted community.
3.2 The policy of Orchard Gardens Coop is to maintain the percentage of age qualified occupancy as close to 100% as possible without mandating a greater percentage than the minimum 80% required byHOPA.
3.3 One of the primary reasons for the 80/20 rule was to accommodate underage spouses/partners and heirs eighteen (18) years of age or older when age-qualified person is no longer living there.
4. Verification of Age (24 CFR 100.307)
4.1 All occupants whether owners, renters, or house guests of absentee owners, shall sign an age verification form that includes their birth dates.
5. Surveys for Compliance
5.1 Orchard Gardens Coop will conduct surveys at least every two years and maintain a data base to verify age compliance as required by HOPA. All residents of Orchard Gardens Cooperative are required to respond to the surveys unless a response to a survey has already been provided, in which case a reliable affidavit of current compliance is all that is required.
5.2 Information gathered in support of the occupancy verification will be segregated in a separate file and is considered confidential and not generally available for public inspection. They are created for the sole purpose of complying with HOPA and are to be kept separate from the general or resident files that may be widely accessible to employees or other residents.
5.3 A summary of occupancy surveys shall be available for inspection upon reasonable notice and request by any person.
6. Disclosure of 55 Age Restriction Policy
6.1 Any owner or other person who sells or rents units in Orchard Gardens Coop shall disclose in the advertisements, purchase, or rental documents that Orchard Gardens Coop is a 55-year age restricted community under HOPA (100.306). In the case of a rental unit in Orchard Gardens Coop, the rental agreement shall verify that at least one occupant is age qualified, and all occupants are over the age of 18.
6.2 Disclosure shall also be made to any persons permitted by the owner or renter to occupy the unit as house guests in the absence of the age qualified owner or renter. At least one house guest of such absentee owner or renter must be age qualified. The under 18 years of age occupancy prohibition rule also applies to such house guests.
6.3 Non-disclosure by the owner/seller/lessor shall not prevent Orchard Gardens Coop from enforcing this age restriction policy against the owner or renter for non- compliance.
6.4 All “For Sale” or “For Rent” signs in Orchard Gardens Cooperative shall prominently display that this is a “55 +Adult Park”.
7. Enforcement
Orchard Gardens Cooperative will vigorously seek all remedies available to it by law including, but not limited to, fines and other legal remedies against the offending owner’s property for non-compliance by the owner, renter, or house guests.