Buying a Home in Florida: What is HOPA?

We get asked this question all the time, what is HOPA?  It Stands for Housing for Older Persons Act of 1995, which allows Communities of Homes to Restrict the Age of Residents to 55 Years or Older.

Passed in 1995, the HOPA amends Title VIII of the Civil Rights Act of 1968, also known as the Fair Housing Act.  HOPA Amends the Fair Housing Act by:

• eliminates the requirement that qualified housing for persons age 55 or older have "significant facilities and services" designed for elderly people 
• provides "good faith reliance" immunity from damages to persons who in good faith believe and rely on a written statement that a property qualifies for the 55 years or older exemption, unaware that the property is ineligible for the exemption.

We are not a lawyer, and when buying any property you should always consult a lawyer if you have any legal questions.

The Act "amends the Fair Housing Act to modify the exemption from certain familial status discrimination prohibitions granted to housing for older persons."  The short title is the "Housing for Older Persons Act of 1995"

Section 2, defining "housing for older persons", amends Section 807(b)(2)(C) of the Fair Housing Act, as that being:
intended and operated for occupancy by persons 55 years of age or older, and--
   (i) at least 80 percent of the occupied units are occupied by at least one person who is 55 years of    age or older
   (ii) the housing facility or community publishes and adheres to policies and procedures that        demonstrate the intent required under this subparagraph; and
   (iii) the housing facility or community complies with rules issued by the Secretary for verification    of occupancy, which shall--
        (I) provide for verification by reliable surveys and affidavits; and
        (II) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and judicial proceedings for the purpose of such verification.

The Housing of Older Person Act of 1995 (HOPA) states that it is legal for communities to market themselves as "55+" or "age-restricted" provided they maintain the 80 percent of the occupied units are occupied 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 percent threshold, the community could lose its age-restricted status (and loss of such status would be permanent).

Most 55+ age-restricted active adult communities will place an age-minimum on the residents.  In most active adult communities, no one under the age of 19 may reside in the community unless granted an exemption (or, if the community has designated "family units", resides within those areas).  However, at a community's discretion, the age minimum may be higher or lower.  Furthermore, most communities stipulate that if anyone under the age of 55 resides in their community, they must live in a household where at least one occupant is 55 or older.  Nearly all age-restricted and active adult communities allow people under the age minimum, such as grandchildren, to visit and stay on a limited basis.  Most age-restricted communities have covenants that allow people under the age-minimum to reside temporarily in the community for a period ranging from two weeks to 90 days per year (varies by community).

So what all does this mean for you buying a home?  That at least 1 person must be at least 55 years or older in the household, and typically no one may reside in the unit that is under 19.  The goal is to provide a safe place for older people to live and thrive, typically these are communities which cater to older people for the next chapter of their life before a retirement home.

In Southeast Florida, as Realtors, we encounter HOPA a lot, typically with younger buyers who went online and saw that there were great "deals" on condos under $50,000 and Homes for as little as $100,000, only to get discouraged when we inform them this community is for 55+.  A lot of the misunderstanding is some real estate professionals will put in the description this is a senior community or 55+ communty.  Most agents now a days just put a YES next to the HOPA question when submitting a property on the MLS.  So we spend a lot of time educating home buyers in Southeast Florida to look at HOPA and see if it's marked as a YES or NO.

The J Team understands the importance of HOPA and will make sure when we send you properties, one of the first things we do is check with you if you want a senior community for 55+ or not.  Typically our clients do not qualify yet, so we will never send a property that is for an older person, because we understand the difference.  Honestly, we still come across new agents and even older agents who still don't know what HOPA means.  This can be scary that agents aren't willing to learn new things that could potentially hurt you legally and financially.

When shopping for a condo or home in Southeast Florida and the Fort Lauderdale Florida areas contact The J Team Fort Lauderdale at 954-235-3589, we will work hard for you to get you the best home, at the best price in the shortest amount of time possible.  We are professional Realtors.

Find out what condos and homes are available for sale on our website at Http://JTeamFL.com

**Most of this article come from the wiki page: https://en.wikipedia.org/wiki/Housing_for_Older_Persons_Act**