If you can't sell your nice house, you rent it for market rates, and you rent a small apartment to live in.
that can and should be challenged in a court of law.
You are familiar with the Housing for Older Persons Act, aren't you (42 USC Sec 3607 (b)) which specifically exempts age restricted communities from fair housing laws, aren't you?
And since such communities may have received special treatment for school impact fees, if the community loses its classification as an age restricted community, there might be a financial burden placed on the homeowners. See generally Volusia County v. Aberdeen at Ormond Beach, LP
>> You are familiar with the Housing for Older Persons Act, aren’t you (42 USC Sec 3607 (b)) ...
I would be inclined to argue with reference to §3631.
The child is not yet of school age and the community is only required to maintain an 80% 55+ occupancy to qualify for the protection enumerated in the code.
I think it’s unlikely the family will stay. My sentiment towards the community remains; a sad reminder of the Reno / Elian Gonzalez disaster.
Because you quoted only part of that statue, and left off a very significant part:
Related to question of prohibitions based on age is the legality to of age-restricted active adult (55 years and older) communities. The answer is that Fair Housing Act, Section 3607, provides an exemption for these types of communities, making them legal if certain criteria are met. For an age-restricted community to qualify under this exemption, it must have eighty (80%) percent of its units occupied by at least one person whom is fifty five (55) years or older, the community must publish and strictly adhere to policies and procedures that demonstrate the intent required under Section 3607 (i.e., intent to restrict housing to individuals over age 55), and the community must comply with the rules issued by the federal and state officials for verification of occupancy.In other words, PAR35, this household with child has NO, ZERO, ZILCH, NADA, NONE WHATSOEVER effect on whether the community falls under age-restricted regulatory definition. Go peddle your jokes to some other peanut gallery.(Source: Elysa Bergenfeld of Stark and Stark, http://www.njlawblog.com/elysa-d-bergenfeld.html