I'm middle ground and have no dog in this fight.
Just thought this situation would make for interesting discussion.
I know HOA's can make covenants, but how can covenants against federal law be enforced?
Or is there no age discrimination rule in federal housing laws?
It's interesting you bring this up, because from what I can glean, this particular community is a 55+ community which means it has some exemption from certain discrimination prohibitions granted to housing for older persons because of the Housing for Older Persons Act (https://en.wikipedia.org/wiki/Housin...er_Persons_Act
). Long story short, a community can say they are 55+ and qualify for this status if 80% or more of the residents are 55 years old or older. If it falls below 80%, then they not only lose that 55+ status but they lose it forever and can never get it back.
So the Fair Housing Act said that people/families can not be discriminated against (and here it is) UNLESS the community qualifies as Housing for Older Persons (55+). HOPA requires that a facility or community seeking to claim the 55 and older exemption must show three factors:
1. That the housing be intended and operated for persons 55 years of age and older;
2. That at least 80 percent of the occupied units be occupied by at least one person who is 55 years of age or older (In order to comply with the occupancy requirement, HOPA must adhere to the HUD verification rules for occupancy requirement.); and
3. The housing facility or community publish and adhere to
policies and procedures that demonstrate its intent to qualify for the exemption.
So I don't think this HOA is particularly being heartless, nor are they failing to take into consideration the tragic circumstances that brought that young man to his grandparent's house. Rather, they literally can not just change the HOA rules and allow one person who is 15yo or 17yo (whatever he is now) because if they do, they would no longer qualify as a 55+ community and they would lose that forever.