55+ Housing Communities

Many persons have asked questions about 55+ Communities.  Answers to those questions can be found in the explanation supplied by the Florida Commission on Human Relations.

 

Requirements 55+ Communities

Requirements for a community to be considered "housing for older persons":

A: The housing is specifically designed and operated to assist elderly persons and is intended for, and solely occupied by, person 62 years of age or older

B: The housing is intended and operated for occupancy by persons 55 years of age or older and meet the following requirements:

  1. At least 80% of the occupied units are occupied by at least one person 55 years of age or older.

  2. The facility or community publishes and adheres to policies and procedures that demonstrate its intent to in fact be a provider of housing for older persons

  3. The facility or community complies with rules established by HUD for verification of occupancy

Note : for this section, the facility or community has to choose only a) or b) above; not both.

NEW RULES EFFECTIVE JULY 1, 2020:

If your community claims to be “housing for older persons” under federal and state law, then effective July 1, 2020, the Florida Legislature has eliminated from Florida’s “Fair Housing Act” (§760.29(2)), the requirement for your community to register with the Florida Commission on Human Relations.  In addition, community associations that qualify as “housing for older persons” under federal and state law no longer need to submit every two years a letter to the Commission stating the community complies with the requirements to be considered “housing for older persons” under federal and state law.

The change eliminates the administrative burden on community associations to initially register with the state and biennially file a certification of compliance with the requirements to be exempt from Florida’s Fair Housing Act because the failure to do so had no impact on a communities qualification as “housing for older persons.”

Importantly, 55+ communities that claim to be “housing for older persons” exempt from certain provisions of fair housing laws must continue to publish and adhere to policies and procedures that demonstrate the intent to be such housing.  55+ communities must still comply with the federal regulations made by the Secretary of the United States Department of Housing and Urban Development for verification of occupancy, which rules provide for verification by reliable surveys and affidavits and include examples of the types of policies and procedures relevant to a determination of compliance.
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