A group of disabled/elderly (55+) people reside in a neighborhood. The HOA wants them to move out because they are not all related, thus not a single family residence. Federal Housing Act 1988 Amendment disabled people living as a group- are they considered a single family residence?
2007-11-16 08:39:01 · 4 answers · asked by daizd 1 in Business & Finance ➔ Renting & Real Estate
property was lease as a group home is it considered a single family residence? see http://www.oxfordhouse.org/UserFiles/File/landlords.php
read the section on zoning.
2007-11-16 09:28:38 · update #1
It depends on the zoning.
In single family zoning everyone has to be related. This is a housing law and the HOA can not decide to over look it.
In multiple family zoning you are allowed up to 10 even if the zoning says 2 families.
The amendment you are thinking of is really designed to make it very difficult to close group homes and turn them into another type of housing if they previously serviced elderly disabled people. It is not meant to force the housing into areas not zoned for group homes.
2007-11-16 08:53:04 · answer #1 · answered by Landlord 7 · 1⤊ 0⤋
Im going with NO.....
The hoa can set their own rules. They are not being discriminated agaist their disability its against rules. HOA can make their rules. You know them before you move in. I dont see any way possible that the HOA cant kick them out or force them to move.
I think the only way they have a shot is if all of them are on the mortgage. And the HOA knew it. Some HOA's say you cant rent. You dont have to be related to be an owner. If they are just leasing a house out to people, I think the HOA has every right to kick them out. Unless they are all on the mortgage.
Many HOA's require that you be at least 55 to live there. Illegal, absolutely not. Discrimination yeah, but those are the rules. They didnt have to move there.
******* update ********
Ace makes a damn good point. Rules would have to apply to all. If there are unmarried couples that can live there but they are kicking them out.... It could be lawsuit central.
But a single family only means 1 trust deed. Ive put 5 people that were not related on a loan together. It was still a single family. I agree with ACE the HOA will win this one, unless you can prove the rules are not being acted the same with all families.
Good Luck.
***** update to an update *****
So you are saying it is a lease. Changes some things. The people in question dont own the property. So your issue of single family resident doesnt matter. Secondly the owner of the property has to follow the mortgage that he/she took. Thirdly the owner has to follow HOA agreements.
In my opinion the owner never should have leased the property to these people. (I dont want to sould like an ***). But the HOA hasnt done anything wrong. They will be kicked out or evicted. Its on the owner, not the HOA. Tell them to start packing because they are gone.
2007-11-16 08:50:36 · answer #2 · answered by financing_loans 6 · 0⤊ 0⤋
I suspect that the HOA is going to win on this one. There is no discrimination against the folks because of their disability. They are being asked to move because the HOA rules are being violated. You would have a discrimination complaint, however, if any OTHER situations are being tolerated in that HOA, and that would include two unmarried unrelated people living together. If the rule applies to the disabled, it applies to ALL.
Check around.
2007-11-16 08:54:33 · answer #3 · answered by acermill 7 · 1⤊ 0⤋
one million. How long have your father and mom been divorced? by way of fact that i became right into one million one million/2 i'm 19 now 2. Why did they get divorced? (in case you already know) they in basic terms did no longer get alongside, started out having ameliorations 3. Do they get alongside? they do no longer talk with a minimum of one yet another and have not for years 4. what's the custody affiliation? They the two share custody of me 5. Has it consistently been an identical? Are you asking from the previous question.. then specific. 6. Do you have brothers and sisters with an identical custody? properly it is the place it receives a touch greater complicated. My dad remarried and had a daughter. My mom on no account did yet had a newborn with a boyfriend for a at the same time as yet that they had shared custody and now curiously he does. i do no longer probably understand. 7. Do you have stepbrothers and sisters? what's their affiliation like? None 8. Do you get alongside with them? 9. How long have your father and mom been remarried (in the event that they have been) ? My dad by way of fact that i became into 4, yet they dated by way of fact that i became into 2 10. Do you get alongside at the same time with your stepparents? No, on no account have 11. what's your plan for the summer time? college 12. Whose residing house are you at precise now? Me and my boyfriend and our pets
2017-01-05 15:47:08 · answer #4 · answered by ? 3 · 0⤊ 0⤋