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To: Gene Eric
If you were the caretaker of this child and were financially locked into that community, how would you demonstrate honor and character?

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

328 posted on 04/03/2007 5:37:51 PM PDT by PAR35
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To: PAR35

>> 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.


331 posted on 04/03/2007 6:26:36 PM PDT by Gene Eric
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To: PAR35
Are you a bozo? I'm not saying you are, but perhaps you qualify. Why?

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.

(Source: Elysa Bergenfeld of Stark and Stark, http://www.njlawblog.com/elysa-d-bergenfeld.html

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.
340 posted on 04/04/2007 8:03:23 AM PDT by bvw
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