Page 6 - Boca ViewPointe - February '24

Page 6, Viewpointe February 2024
55+ Communities

– Do I Still Need A Survey Every 2 Years?

By Howard J. Perl, Esq color, religion, sex, national origin, handicap and familial must take place at least once every two years. A survey may
status (in general, the presence of children under the age of include information regarding whether any units are occupied
Effective July 1, 2020, the 18 in the household). The prohibition against discrimination by persons described in paragraphs (e)(1), (e)(3), and (e)(4)
Florida legislature eliminated based on familial status became effective March 12, 1989. The of § 100.305.
the requirement for 55+ Act contained a provision exempting “senior” housing from (d) Any of the following documents are considered reliable
communities to register with the prohibition against familial status discrimination. documentation of the age of the occupants of the housing
the Florida Commission on The Housing for Older Persons Act (HOPA), signed into facility or community:
Human Relations (“FCHR”), law by President Clinton on December 28, 1995, amended the (1) Driver’s license;
and eliminated the need to housing for older persons exemption against familial status (2) Birth certificate;
submit a letter to the FCHR discrimination. The HOPA modified the statutory definition (3) Passport;
every two years stating that of housing for older persons as housing intended and operated (4) Immigration card;
the association complies with the requirements to be for occupancy by at least one person 55 years of age or older (5) Military identification;
considered housing for older persons under state and federal per unit. It eliminated the requirement that housing for older (6) Any other state, local, national, or international official
law. However, that did not eliminate the other requirements a persons have significant services and facilities specifically documents containing a birth date of comparable reliability;
55+ community must comply with to maintain its 55+ status, designed for its elderly residents. It required that facilities or or
including the need to conduct a survey of residents every two communities claiming the exemption establish age verification (7) A certification in a lease, application, affidavit, or other
(2) years as further noted below. procedures. It established a good faith reliance defense or document signed by any member of the household age 18 or
Title VIII of the Civil Rights Act of 1968 (the Federal Fair exemption against monetary damages for persons who illegally older asserting that at least one person in the unit is 55 years
Housing Act), as amended by the Fair Housing Amendments act in good faith to exclude children based on a legitimate of age or older.
Act of 1988 (the Fair Housing Act), prohibits discrimination belief that the housing facility or community was entitled to (e) A facility or community shall consider any one
in housing and real estate-related transactions based on race, the exemption. of the forms of verification identified above as adequate
Generally, to be classified as a 55+ community the for verification of age, provided that it contains specific
Association must satisfy the following criteria: information about current age or date of birth.
Attention Dog Owners be occupied by at least one person aged 55 or over; maintain appropriate policies to require that occupants comply
(f) The housing facility or community must establish and
1. At least eighty percent (80%) of the occupied units must
2. You must publish and adhere to policies and procedures with the age verification procedures required by this section.
It is your responsibility to pick up after your dog. demonstrating an intent to provide housing for persons 55 (g) If the occupants of a particular dwelling unit refuse
It’s the law. years of age or older; and to comply with the age verification procedures, the housing
Some of you have been negligent in doing so. 3. You must engage in appropriate age verification facility or community may, if it has sufficient evidence,
Please keep our procedures designed to ensure that future occupancy complies consider the unit to be occupied by at least one person 55
Boca Pointe community with the 55 and over requirements. years of age or older. Such evidence may include:
beautiful! The Third criterion requires the Association to engage in (1) Government records or documents, such as a local
appropriate age verification procedures designed to ensure that household census;
future occupancy complies with the 55 and over requirements. (2) Prior forms or applications; or
(3) A statement from an individual who has personal
Verification procedures are found at 24 C.F.R. Section 100.307, knowledge of the age of the occupants. The individual’s
and states:
Current Events 100.307 Verification of occupancy. statement must set forth the basis for such knowledge and be
signed under the penalty of perjury.
(a) In order for a housing facility or community to qualify
(h) Surveys and verification procedures which comply
Group as housing for persons 55 years of age or older, it must be able with the requirements of this section shall be admissible in
to produce, in response to a complaint filed under this title,
administrative and judicial proceedings for the purpose of
verification of compliance with § 100.305 through reliable
surveys and affidavits. verifying occupancy.
The Current Events Group meet every Monday from (b) A facility or community shall, within 180 days of the (i) A summary of occupancy surveys shall be available for
10am-11:30am at the BPCA office. The members consist effective date of this rule, develop procedures for routinely inspection upon reasonable notice and request by any person.
of both men and women and all Boca Pointe residents are determining the occupancy of each unit, including the If an association follows the above steps, it will be in
invited to attend. If you would like more information or identification of whether at least one occupant of each unit compliance with the federal and state regulations to maintain
to sign up, please call 516-835-2670.  is 55 years of age or older. Such procedures may be part of a its status as housing for older persons. If these requirements
normal leasing or purchasing arrangement. have not been strictly adhered to, then the association is not
(c) The procedures described in paragraph (b) of this in compliance with HOPA and the Association’s 55 and over
section must provide for regular updates, through surveys status may be in jeopardy. Of course, if you have any questions
or other means, of the initial information supplied by the regarding the above requirements, you should contact your
occupants of the housing facility or community. Such updates association attorney. 

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