can a 55+ community refuse someone to live there if they have a 38-year-old mentally disabled daughter?

UPDATED: Jun 1, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 1, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

can a 55+ community refuse someone to live there if they have a 38-year-old mentally disabled daughter?

The buyer is 68 and her mentally disabled 38-year-old lives with her. The management company is refusing her to live there as her daughter is not over 55. Isn’t she protected under the fair housing act?

Asked on June 1, 2009 under Real Estate Law, California


E.H., Member, Calfiornia Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Usually, communities that are "55 and over" communities have strict regulations.  These can be found in the CC&Rs (Covenants, Conditions and Restrictions) of the community. If you have not already done so, you should obtain a copy and see if there are any restrictions regarding having the daughter live with the buyer.

Without knowing further details, it may be that they cannot discriminate and deny housing to persons with mental disabilities.

You should contact the US Department of Housing and Urban Development (HUD).  Below is the list of local offices:

There have been cases of such discrimination against the mentally disabled, which has been handled by HUD, and then referred to the Department of Justice.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption