Legislation championed by Senator Christopher J. Connors, Assemblyman Brian E. Rumpf and Assemblyman Daniel M. Van Pelt to prevent improper sale or transfer of property to those who do not meet the age requirements of a senior community has been signed into law by the Governor.
The 9th District Lawmakers’ bill, S-88/A-305, requires the purchaser or grantee of a property in an age restricted community to certify that the person occupying the residence meets the age requirements of the community. This would assist adult communities in complying with quotas established for the “housing for older persons” exception from the federal “Fair Housing Amendments Act of 1988.”
“We are pleased to see that the State Legislature and the Governor’s Office recognized the pressing need to strengthen enforcement of age-restrictions at senior communities in our state,” said Senator Connors, a member of the Senate Community and Urban Affairs Committee. “Residents who have observed nonage-qualified residents move into their neighborhood are tired of being witness to the gradual erosion of their community’s identity. These planned developments were designed for specific age groups in mind, including retirees. Justifiably, homeowners want their community to retain its original purpose and once again enjoy commonality among their neighbors. We would especially like to commend Judy Noonan, whose persistent efforts in her capacity as President of the Holiday City Silver Park Coalition were absolutely crucial in not only developing this initiative but also in moving it through the legislative process.”
Under federal law, communities which were organized by a developer to restrict occupancy to persons 62 or older, 100 percent of occupants must be 62 or older. As for age 55 or older communities, at least 80 percent of the residents and one person per household must be 55 or older.
“Our intent, by advocating for this change in the law, was to solidify provisions already in place to protect the rights of individuals living in senior housing developments,” said Assemblyman Rumpf. “The certification now required under law by the purchaser of property that age restrictions apply to will be recorded as an addendum to the deed in the appropriate county recording office. This minor modification offers an uncomplicated, inexpensive remedy to a problem facing senior communities in complying with federal law.”
Assemblyman Van Pelt added, “The Governor’s signing of this legislation into law is the culmination of years of work between the 9th District Delegation and proactive residents of senior communities. Ensuring greater compliance of age-restrictions will directly assist communities in maintaining and preserving their intended identity. Adding to the need to address this issue beyond just for existing senior communities is that this is one of the fastest growing types of housing developments in the State. It’s likely that future developments would have encountered the same problems to a greater degree had the law not been amended.”
The provisions of the Delegation’s measure take effect immediately.
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September 29, 2008
