This is one of the most common questions we receive.
The federal Fair Housing Act generally protects families with children from housing discrimination. However, federal regulations provide a limited exemption for housing that is specifically intended and operated for older adults.
This exemption allows qualifying communities to establish and enforce age-related occupancy policies without violating the Fair Housing Act’s protections based on familial status. To qualify, the community must satisfy specific occupancy, policy and age-verification requirements.
In other words, a community cannot simply call itself “55+.” It must consistently operate as housing for older persons and document its compliance.
What Is the 80/20 Rule?
To qualify as a 55+ community under federal regulations, at least 80% of the community’s occupied homes must have at least one resident who is 55 or older.
This is commonly called the 80/20 rule, but it is frequently misunderstood.
It does not necessarily mean that a community must make 20% of its homes available to younger residents. It also does not guarantee that someone younger than 55 will be approved to live there.
Federal regulations allow each qualifying community to determine what age restrictions apply to the remaining homes, provided the community continues to meet its legal requirements and follows its published policies.
The flexibility can help communities address circumstances involving younger spouses, surviving household members, caregivers, employees or other approved situations. The individual community ultimately decides how much of that flexibility it will use.
Usually, no.
We have worked with several couples where only one spouse was 55 or older. In those transactions, everything went smoothly because the households satisfied the applicable community requirements.
For example, a 57-year-old buyer may be able to live in a qualifying community with a 52-year-old spouse. However, the younger spouse may still need to meet a secondary minimum age established by the community.
Some communities permit residents who are 19 or older to live with an age-qualified resident. Others establish a minimum age of 40 or 45 for additional occupants. Buyers should never assume that every West Valley community follows the same policy.
Can Someone Buy Before Turning 55?
Ownership and occupancy are not always the same thing.
We have sold homes to buyers who were just under age 55 at the time of purchase. They were allowed to complete the purchase but could not occupy the home until reaching their 55th birthday.
Because the waiting period was generally short, the buyers moved forward with the purchase and waited until they became age-qualified. In these situations, they also did not receive their recreation or amenity passes until the age requirement was met.
This is an excellent example of why buyers should ask separate questions about:
- Purchasing and holding title
- Occupying the property
- Receiving recreation cards
- Using community facilities
- Registering additional household members
Being permitted to own a home does not automatically provide the right to live in it or use its recreational amenities.
What About PebbleCreek and Younger Households?
Based on our experience working throughout the West Valley, PebbleCreek appears to be one of the communities where buyers are more likely to encounter younger households.
PebbleCreek identifies itself as a 55+ active-adult community, but we have observed several households with residents younger than 55.
This is our practical observation from working in the area—not an official measurement of PebbleCreek’s current occupancy percentage. Availability for a younger household should always be verified directly with the community before purchasing or making plans to move.
PebbleCreek’s official information also states that residents and renters must comply with its age-related requirements. For example, its published rental guidance requires renters to provide proof of age and states that children younger than 19 may not reside in the community.
We receive questions about grandchildren frequently.
Most active-adult communities allow grandchildren and other younger family members to visit, but the number of permitted days and the use of recreational facilities can vary significantly.
A community may limit:
- The total number of days a child may visit each year
- The length of an individual visit
- Which pools younger guests may use
- The hours when children may use recreational facilities
- Whether the resident must accompany the guest
- Whether guests must be registered
Enforcement can also vary. Some communities track guest stays and amenity use closely, while others may appear less restrictive in their everyday enforcement.
Whenever grandchildren, extended visits or childcare responsibilities could affect a buyer’s decision, we check the community’s current rules. We also encourage buyers to review whether the governing documents allow those policies to be modified in the future.
How Is Age Verified?
A qualifying 55+ community must maintain procedures for determining whether at least one occupant in the required number of homes is 55 or older. The occupancy information must be updated at least once every two years.
Accepted documentation can include a:
- Driver’s license
- Birth certificate
- Passport
- Military identification
- Government document showing a birth date
- Signed certification or affidavit
That is why buyers may be asked to provide proof of age during the purchase, rental or resident-registration process.
Every West Valley Community Is Different
The federal 80% standard provides the basic legal framework, but each community establishes its own practical rules.
Before purchasing, buyers should review the community’s:
- Age and occupancy policy
- CC&Rs and governing documents
- Guest and grandchild rules
- Rental restrictions
- Recreation-card requirements
- HOA or recreation fees
- Procedures for younger spouses and occupants
Rules may also change, so information from a neighbor, an old website or a previous transaction should not replace a current review.
Let Local Experience Guide Your Search
Choosing an active-adult community involves much more than finding an attractive home. The community’s age policies, amenities, social environment, fees and guest rules must also fit your lifestyle.
Randy and Kelly Becker have experience helping buyers compare active-adult communities throughout Arizona’s West Valley. We help our clients ask the right questions, review the available community information and avoid surprises involving occupancy or recreational privileges.
Ready to explore West Valley active-adult living? Contact Randy and Kelly Becker with Realty One Group at 602-910-7595, email info@randymyrealtor.com or visit randymyrealtor.com.
Age, occupancy, and guest policies can change and may differ by community. Buyers should obtain and review the current governing documents and consult an appropriate legal professional when eligibility is a material concern.
EN
ES