Victory for Age 55+ Communities
The United States Ninth Circuit Court of Appeals recently
ruled in favor of an age 55+ manufactured home community in California, which
had denied residency to a 41 year old applicant. The applicant purchased a
manufactured home already located in the age 55+ community and subsequently
applied for residency. The landlord rejected the application, since its policy
was to rent only to persons who were at least age 55. The applicant then filed a
lawsuit against the landlord, asserting, among other things, that the
restriction was unconstitutional and also violated the Federal Fair Housing Act.
The court ruled in favor of the landlord and recognized that
the Fair Housing Act allows age 55+ manufactured home communities to
discriminate against applicants who do not meet the age criteria. The court
likewise ruled that such conduct was not unconstitutional.
This article was originally
published in 2008.