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LEGISLATION WOULD TIGHTEN SENIOR COMMUNITY AGE RESTRICTIONS
By Bill McLaughlin
A bill that would enforce age restrictions in senior communities has entered the hopper in Trenton. Titled Senate bill 2274, the legislation would prevent outside interests from buying properties, then renting or leasing to those under the age of 55.
A companion bill is expected to be introduced in the Assembly in early November. Assemblyman Brian E. Rumpf announced that he and the father-son Connors team, Senator Leonard and Assemblyman Chris, were supporting the idea of keeping senior developments for their intended use.
The county-wide Senior Coalition has developed a petition that will be sent to all age-restricted communities in the county. The idea is to gather names of senior voters to present to legislators for support.
"The best thing that ever happened for seniors is joining this coalition, because we've been comparing notes and it's opened eyes," said Judy Noonan, president of the coalition. "Only one of nine
(senior communities in Berkeley)
won't allow renters," Noonan said. "But that might change because it's been abused."
Noonan said her community, Silver Ridge East, used to have 31 rental properties, but the number has decreased lately. She stood before the township council in early October asking the government to survey her community. In that way, she said, those flouting the age restrictions would become public knowledge.
Noonan said there is no objection to an under-55 spouse living with someone old enough to own or rent a senior dwelling. Even a minor child, a teenager for example, is permitted by most bylaws.
"I don't think 10-year-olds are appropriate," she said, "because they threaten our status as an adult community."
Noonan said some houses have turned over recently to families who never move
in. They are either buying the structure as
an investment - as real estate prices soared - or are buying for someone under age or as a leased or rental space.
"We've had realtors challenge our rules and regulations in court," she said. "We've had people challenge it. Let's face it: These are nice places to live. They're clean, quiet, safe environments. Who wouldn't want to live here?"
The legislation would prevent third parties, such as lawyers, realtors or underage heirs, from occupying, leasing, renting or selling to anyone not qualified by age to live in the community.
Under the law, those communities who do not police their clientele and restrict residency to those who belong can lose their status as restricted communities. There have been a few test cases statewide with senior communities winning the point so far. But many fear the court battles will become a constant nuisance.
"We have received complaints of people trying to obtain housing in senior communities that don't meet the age requirement," Senator Connors said. "Residents are frustrated with the blatant disregard of their community's rules. Some communities feel this will jeopardize their age-restricted status."
"That just doesn't make sense," one president of a local community said. "You can't have children living in senior housing. It's not fair to people who worked their lives to earn a place here. They come here for peace and quiet."
While there are complicated family situations that make law-bending seem almost acceptable, the bylaws say otherwise.
"You can't make an exception for one," the president added. "You won't have any semblance of order and that's why people want to live here. They want peace and quiet and to live with people their own age. Besides, it's not fair to the kids either. Where are they going to play? With whom?"
According to the law, the Housing for Older Persons Act of 1995 exempts senior communities from one portion of the Civil Rights Act of 1968: they can discriminate based on age.
A housing community "governed by a common set or rules, regulations or restrictions" has the duty to see that at least on person in each home is occupied by someone older than 55.
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