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Senior residents who have leases that provide that the park is a “retirement” or “senior” park and provide for specific facilities may have a case against diminution of services agreed upon in the lease or rental agreement.
The federal Fair Housing Amendments Act of 1988 prohibits discrimination against families with children in multiple residential housing but permits such housing, including mobilehome parks, to limit residency to seniors in
one of two categories: 1) 55 and older, or 2) 62 and older, if the park meets certain minimum conditions. The major condition is that a minimum of 80% of the units are required to have at least one resident who is of age 55 or
older. Federal law does not specifically address procedures for changing from a senior-only category to an all-age category, which in rental mobilehome parks under state law or by practice is often the sole decision of park management with a minimum notice. However, parks can lose their “senior” status if, upon a complaint, they fail to meet the statutory conditions, such as the 80% requirement. The law does not require parks or other multiple-residential housing complexes that convert to all-age to install playground or other facilities for children. Advocates of family housing have argued that such a requirement would drive up the cost of housing and discourage landlords from opening up restricted housing to families. Some local governments have imposed conditions on mobilehome park zoning or use permits by requiring parks, that were developed as “senior parks”, to be maintained as “senior”unless otherwise approved by the city or county (Senior MHP Overlay Zoning).
It is not clear to what extent these local zoning or use permit requirements may conflict with the federal Fair Housing Amendments Act, although many cities and counties have enacted Senior MHP Overlay Zones and at least one has successfully defended their overlay against attack by park owners.
Recap:
● Lease agreements that stipulate “senior” status and provide for specific senior amenities could be viewed as breached if the senior-status of the
park is changed.
● Senior park status requires 80% of park units to have at least one resident 55 or older.
● The law does not require parks that are converted to “all-age” to install children’s recreational facilities.
● No federal law specifically addresses guidelines for changing from “senior” to “all-age”; however, cities and counties can enact a Senior MHP Zoning Overlay that will zone all senior mobilehome parks in such a way that they cannot be converted. GSMOL has assisted with establishing a number of these overlays around the state.
