Question:

“I live with my family in an all-ages park. I know our park used to be a senior-only community, but that changed before we moved in. Now, there’s talk that the park will change back to being an age-restricted community. Is this legal?”

-Christopher W. (39), resident, Seattle, WA.

Answer:

Yes, technically it is possible for a park to change back to a senior-only community. However, this is rarely achievable.

Laws regarding this issue have changed frequently over the years. Following the passage of the Fair Housing Amendments Act of 1988 and the adoption of federal HUD regulations, it was largely believed that parks could not “backtrack” once they became all-age communities. However, under the Housing for Older Persons Act of 1995 and a subsequent clarification in 2006, the HUD confirmed that parks could convert back to senior-only communities, under the conditions that vacated spaces were filled by qualifying senior residents, and the park does not discourage or discriminate against younger people seeking vacant residencies.

With that said, these conditions are especially difficult for most parks to achieve, and therefore it is exceptionally rare for a park to legally switch back to being a senior/age-qualified community. If you suspect that your park management is trying to convert back to a senior-only community without fulfilling these conditions, contact a legal professional as well as your local housing authority.

Overview:

  • Converting back to a senior-only community is possible, but rare.

 

Source: California Mobilehome Residency Law 2023