senior living

Are Children Allowed To Live In Senior Apartments?

A lot of seniors prefer living in senior living communities because they provide a lot of perks and they are convenient.  However, they have minor children living with them.

It’s important to understand what the legal requirements and restrictions are in housing communities defined as”senior” when it comes to minor children living there.  Knowing these requirements and limitations can allow you to opt for a senior community that meets your requirements, and it will allow you to understand your options if you’re a senior who lives with children.

Housing For Older Persons Act (HOPA).

Whether children are permitted to live at a senior home is dependent upon the way the housing community has defined the rules of the Housing for Older Persons Act (HOPA).  Basically, community housing that qualify as “senior living communities” may get tax credits or other incentives in exchange for providing housing and services for senior citizens.  Because of this, there are legal restrictions on the allowable age of the residents.

62-and-Older

Based on HUD regulations, in a senior living community characterized as “62-and-Older,” all residents (including spouses) must be 62 years old or older.  It says that no children are permitted to live there, even if the the seniors are legal guardians of the children.  These rules are strict.  There is one exception to the rule — citizens under the age of 62 are permitted if they have legally recognized handicaps.

55-and-Older

The HUD principles in a senior community characterized as “55-and-Older,” states that in any given apartment, at least one resident must be at least 55 years old or older.  It allows these communities to let children live there under the legal guardianship of the senior adult. Here are some guidelines for 55-and-older communities:

  • A 55-and-older community should have at least 80% of the units occupied by a resident 55 years old or older, but another 20% of the units can be rented to anyone.  This law was intended so that landlords could keep units leased even in circumstances where there was insufficient demand from seniors.  At times, a 55-and-older senior living community might have a lot of children.  With 20%t of the apartments occupied by under 55, and a few units with 55-plus residents that are guardians of children.
  • While it’s allowed for the senior community to permit residents under 55, it’s not required.  A 55-and-older community may decide not rent to anyone under 55 if they choose not to.  It may also be a published policy of the home community.  For seniors who want to live in a kid free community, a 55-and-older community can still be a good option.  You just have to find a community that has rules in place to not allow children.
  • A 55-and-older senior living community can treat families with children differently, like limiting children’s access to some of the facilities and advantages that 55-and-older residents have.  Exercise rooms, therapeutic pools, and other recreational areas may be reserved just for the 55-and-older residents.
In Case You Want A Senior Living Community With Children Or Are The Guardian Of A Child
  • Pick a 55-and-older living community that rents to families with children.
In Case You Need a Senior Living Community Without Children
  • Pick a 62-and-older living community
  • Pick a 55-and-older community that has a printed policy stating that they do not allow children as residents.
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