Why are 55 and older communities not considered age discrimination??

Question

since this is legal, why not make only white communities,or only black communities?? I feel it is age dicrimination and should be outlawed. Cities love to build age restricted communities because they collect taxes and the owners have no kids, but I feel it takes away from availible housing for everyone else.

I don't see how older people having their own communities and the separation of men and ladies rooms is the same. so you beleive old people should be segragated from the rest of society...and by the way 55 aint that old

Answer 1

A little common sense comes into play.

Do you think it is sex discrimination to have a ladies room?

Is it age discrimination to not allow a 12 year old to drink in a bar?

Answer 2

55 And Older Communities Age Discrimination

Answer 3

Everyone gets older, so everyone will be 55 or older eventually. It's different than racial discrimination in that people are born into different races, but everyone is born the same age and ages at the same rate, so everyone will have an equal chance at age-resticted communities, services, etc. at the same point in their lives. These communities are no more discriminatory than saying that people under 21 can't buy alcohol, that people under 18 can't vote, sign a contract, or even own property, or that people under 16 can't drive. It's no more discriminatory than saying that people under 4 can't start kindergarten, or that people under a certain age (62, I think) can't retired and recieve social security. It's no more discriminatory than discounts on public transportation, movie tickets, museums, etc. for senior citizens or for children.

The purpose of an age-restricted community is to give older people, particularly those who are retired, a place to live away from the hustle and bustle of every-day life. My grandparents live in an age-restricted community, and it's great for them because all their neighbors are around their age, so it's a quite place where most everyone who lives there is friends with the rest of the neighborhood.

Answer 4

Age isn't protected under the Federal Fair Housing laws. So it is alright by law to discriminate based on age (at least with housing, employment varries state to state depending on statutory law). However, it is a discrimination on familial status (that is person who basically have children ages 18 and under living with them). Why hasn't that been contested? I am not exactly sure. The only thing is that most (if not all) 55+ communities do not exclude all who are under 55 without children, they only require that a certain percentage of the residents fall under these categories. Usually it is like 80% must be 55+ with no children. And in most cases children are allowed to stay with the resident, but only in short periods of time unless special variances (like a death of the parents, and the grandparents take over) are given to the resident.

If you are interested in a 55+ community in your area, you might want to look in to their CCandR's to find out if you do actually qualify, who knows you might be able to squeeze in to some loop hole or something.

Answer 5

It is discrimination. It's legal to refuse to hire a person because they are too young, but not because they are over 55. I understand why on the over 55 & that's a good thing, but how bout some equal protection & enforcement? You'll find it funny in fact that the portion of the consititution (no discrimination on age, creed, color, national origion, etc) that says you cannot have race discriminatory communities is EXACTLY the same one to say that you CAN have age discriminatory communities. Yet another case where protecting the rights of one group removes the rights of another, which is contrary to the "general welfare" as stated in the constituion.

Answer 6

Not sure where you are located.

From some of the answers, it looks like a Florida issue and a tax dodge. Not good for the community. I've heard that the senior retirees in Florida don't want to fund local education etc. Especially snowbirds.

I live in Canada and there are retiree communities, but most certainly there are no tax benefits over other home owners.

The other thought that I had was...who would want to go live there anyways?

I'm probably missing the point, because It's so alien to me.

Answer 7

I think they have had to change that for the most part. Most parks here, who were seniors, have had to let those with kids in the parks!

Most 55 and older communities pay taxes for others kids to go to school and the housing is owned by them personally, so unless you buy it!

Other places that are age only are really nursing homes for those who can live in assisted housing. They belong to a business. I don't think you can throw them out!

Anyone want to move into a nursing home?

Answer 8

At least in US jurisprudence, cases involving age discrimination typically fall under the rational basis test (meaning that a law can be constitutionally valid if the government can give a rational justification for the law other than simply to discriminate).

This is unlike the strict scrutiny test (typically reserved for race discrimination, etc.), under which the government must have a compelling state interest to justify discriminatory aspects of a law for it to be constitutional.

Answer 9

Age discrimination is illegal in hiring, although sometimes hard to prove, but I don't think it is illegal in housing. Technically, I suppose you can have a community only for people under 30, but that would be more of a problem, because people always get older and then you'd have to force them to move out.

Answer 10

Groups that have an established tradition of being discriminated against ... either by race, age, creed, whatever ... are generally allowed the "affirmative action" option to create priveleges for that group to compensate/counter that discrimination. It's fair to debate the correctness of that policy, but it is established to be legal in this and many other countries.