Types of Active Adult Communities

Age-Restricted Communities
Federal statutes created during the Civil Rights Act of 1968 prohibit housing discrimination based on sex, race, religion and the like. The Fair Housing Amendments Act of 1988 added “familial status” and “handicap” to the list, yet also created an exemption for housing designed for older persons.

In 1995 the Housing for Older Persons Act (HOPA) amended the requirements to include the following:

• At least 80% of the occupied units must be occupied by at least one person 55 years or older.
• The community must publish and adhere to policies and procedures that demonstrate intent to comply.
• The community must comply with HUD rules for verification of occupancy.

Under the Fair Housing Act, there are two types of age-restricted or “age-qualified” communities permitted:

55+ Communities– Those active adult communities in which at least 80% of the units are occupied by at least one person age 55 or older. Most of the age-qualified communities fall into this category.

62+ Communities– Those active adult communities in which 100% of the units are occupied by persons age 62 or older.

Typically, age-restricted communities prohibit residents under a certain age. Depending on the community, family members under the age requirement are allowed to visit for a certain number of days per year.

Naturally Occurring Active Adult Communities
In some cases, active adult communities simply happen without seeking age restrictions. Active adult communities that happen to have a majority of residents over 55 years of age often occur because of their location, amenities, floor plans or reputation. No age restrictions apply in these communities.

Multigenerational Communities
These multigenerational neighborhoods offer age-restricted villages and non-restricted villages. By welcoming all ages, they seek to unite the generations and strengthen the community as a whole.