can a 55+ community refuse someone to live there if they have a 38-year-old mentally disabled daughter?

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can a 55+ community refuse someone to live there if they have a 38-year-old mentally disabled daughter?

The buyer is 68 and her mentally disabled 38-year-old lives with her. The management company is refusing her to live there as her daughter is not over 55. Isn’t she protected under the fair housing act?

Asked on June 1, 2009 under Real Estate Law, California

Answers:

E.H., Member, Calfiornia Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Usually, communities that are "55 and over" communities have strict regulations.  These can be found in the CC&Rs (Covenants, Conditions and Restrictions) of the community. If you have not already done so, you should obtain a copy and see if there are any restrictions regarding having the daughter live with the buyer.

Without knowing further details, it may be that they cannot discriminate and deny housing to persons with mental disabilities.

You should contact the US Department of Housing and Urban Development (HUD).  Below is the list of local offices:

http://www.hud.gov/localoffices.cfm

There have been cases of such discrimination against the mentally disabled, which has been handled by HUD, and then referred to the Department of Justice.

 


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