Can someone under 55 live in a 55+ community in Florida?

What makes a community legally 55+?

The federal Fair Housing Act generally prohibits housing discrimination against households with anyone under 18, but qualifying "housing for older persons" that meets the standards of the Housing for Older Persons Act of 1995 (HOPA) is exempt. Florida's Fair Housing Act contains the same exemption in section 760.29(4) of the Florida Statutes.

There are three paths: housing under a state or federal program designed for older persons; housing intended for, and solely occupied by, people 62 or older; and housing intended and operated for occupancy by people 55 or older that meets three tests:

• At least 80 percent of occupied units are occupied by at least one person 55 or older.
• The community publishes and adheres to policies and procedures that show its intent to operate as 55+ housing.
• It verifies occupancy under HUD's rules in 24 CFR Part 100 through reliable surveys and affidavits.[1][2][3]

How the 80 percent rule works

Under HUD's regulation at 24 CFR 100.305, the 80 percent test counts occupied units only. An occupied unit is one actually occupied on the date the exemption is claimed, or a temporarily vacant unit whose primary occupant lived there during the past year and intends to return periodically.

Units occupied by employees under 55 who perform substantial management or maintenance duties, and units occupied by people under 55 who are needed to provide a reasonable accommodation to a resident with a disability, are also allowed. The community may set its own age restriction, if any, for units not occupied by someone 55 or older, as long as it follows its published intent policies. Federal law therefore permits some occupied units without a 55+ occupant, but a community's own documents may allow fewer exceptions or none.[4][2]

How is age verified?

The community must have procedures to routinely determine each unit's occupancy and whether at least one occupant is 55 or older, and must update that information through surveys or other means at least once every two years. Acceptable proof includes a driver's license, birth certificate, passport, immigration card, military identification, other official documents showing a birth date, or a signed certification in a lease, application or affidavit by a household member 18 or older. Summaries of occupancy surveys must be available for inspection on reasonable request.

HUD also looks at how the community describes itself in advertising, rules, leases and deed restrictions, and whether it applies its procedures consistently.[2]

Before you buy or rent in a 55+ community

Read the recorded declaration, the rules and any age-verification policy, and ask whether the association's approval process requires age documentation. Florida law adds that a county or city ordinance on housing for older persons may not contravene the state exemption. For a specific situation, such as a younger spouse, an heir or a live-in caregiver, get advice from a Florida real-estate attorney or contact HUD.[3][2]