Kara Sears
Senior communities in California have the authority to implement and enforce age restrictions for their residents. These restrictions require that each unit be occupied by at least one qualifying resident, typically an individual aged 62 or older. However, exceptions are made for permitted health care residents, or caregivers, who may reside with a qualifying resident regardless of their age. This means that a caregiver can supersede age-restricted community laws in certain cases, but it is important to note that the laws may vary by state and community. It is recommended to seek legal advice to ensure compliance with the relevant laws and regulations.
| Characteristics | Values |
|---|---|
| Age-restricted community laws | Residents must be 62 years of age or older, or 55 years or older depending on the category of the senior community |
| Exceptions | "Permitted Health Care Workers" or caregivers can live in 55+ senior housing |
| Requirements | The caregiver must be providing live-in, long-term, or terminal health care to a qualifying resident |
| Compensation | Includes monetary payment, provisions of lodging, and food in exchange for care |
| Secondary residents | Must be "Qualified Permanent Residents" who are 45 years of age or older, unless they are a spouse or cohabitant |
What You'll Learn
Live-in caregivers in 55+ senior housing
Live-in caregivers, also referred to as "permitted health care workers" or "permitted health care residents", are allowed to live in 55+ senior housing. This is outlined in the Unruh Civil Rights Act, which sets the rules for senior housing in California. The Act states that caregivers can reside with a qualifying senior (someone 55 or older) in non-subsidized housing. However, in subsidized housing, exceptions may be made to allow for underage, disabled residents to live with a qualifying senior.
In the case of 62+ senior housing, the rules are more stringent, and only three exceptions are permitted for individuals under 62 to live in these communities: live-in caregivers providing reasonable accommodation due to a resident's disability, employees under 62 whose duties mandate on-site residence, and underage occupants who resided in the property prior to specific dates outlined by California and federal laws.
It is important to note that the specific regulations can vary based on location and the type of senior housing. For instance, senior mobile home parks in California are governed by federal senior housing laws rather than the Unruh Civil Rights Act. Therefore, it is recommended to consult local housing authorities and legal professionals to ensure compliance with the applicable laws and community rules.
Additionally, the rights of permitted health care residents extend beyond mere residency. They are entitled to continue occupying the unit even when the qualifying resident is temporarily absent due to hospitalization or other necessary treatments, as long as the qualifying resident intends to return within a specified timeframe and submits a written request to the association's board of directors. Furthermore, compensation for their services can come in the form of monetary payment, lodging, or food, as per the Civil Code.
Federal Inmates: Law Library Volunteering Opportunities?
You may want to see also
California's Civil Code Sections 51.3 and 51.11
In California, Civil Code Sections 51.3 and 51.11 allow senior communities to implement and enforce age restrictions for their residents. This means that each unit must be occupied by at least one "qualifying resident", who is 62 years of age or older, or 55 or older, depending on the category of the senior community.
However, these Civil Code Sections also permit other categories of persons who do not meet the "qualifying resident" standard to reside in a unit with a qualifying resident. One of these categories is "permitted health care residents", or caregivers. There are no age restrictions on permitted health care residents.
Permitted health care residents can continue to reside in a unit in the absence of the qualifying resident under certain conditions. The qualifying resident's absence must be due to hospitalization or other necessary treatment, and they must intend to return to the unit within 90 days. Additionally, the qualifying resident or their agent must submit a written request to the association's board of directors, stating that they wish for the permitted health care resident to remain in the unit.
The Unruh Civil Rights Act, found in Civil Code Section 51, provides protections against discrimination and includes specific provisions for live-in caregivers in senior housing.
Congress' Power: Subpoenaing a President's Tax Records
You may want to see also
Age-restricted community names
Age-restricted communities are often established as deed-restricted communities with Covenants, Conditions, and Restrictions (CC&Rs) or a homeowners' association (HOA). These communities are set up to accommodate older individuals who would like to live in an area without the perceived problems of having children around.
Age-restricted communities are also known as:
- 55-plus communities
- Senior living communities
- Active-adult communities
- Retirement communities
- Lifestyle communities
- Independent living communities
In the United States, the Fair Housing Act of 1968 and the Housing for Older Persons Act of 1995 allow communities to restrict residency to older individuals. While discrimination in housing is generally prohibited, these acts provide an exception for age-restricted communities.
It is important to note that the specific laws and regulations regarding age-restricted communities may vary by state and country. For example, in California, the Unruh Civil Rights Act has specific provisions for live-in caregivers in 55+ senior housing, referring to them as "Permitted Health Care Workers."
Petition Power: Can Many Signatures Change Federal Law?
You may want to see also
Fair housing laws
The Fair Housing Act is a federal law that forbids discrimination in most housing-related activities, including buying, selling, renting, or financing. The Act prohibits discrimination based on race, colour, sex, national origin, religion, sexual orientation, nationality, disability, or family status. It covers a wide range of housing but does not apply to owner-occupied buildings with no more than four units, single-family houses rented without an agent, and housing operated by religious organisations or private clubs.
The Act is enforced at the federal level by the US Department of Housing and Urban Development (HUD), which works to eliminate housing discrimination through its Office of Fair Housing and Equal Opportunity (FHEO). FHEO investigates complaints of housing discrimination and individuals who believe they have been discriminated against can file a complaint with the FHEO or file their own lawsuit.
State laws can enhance the protections under the Fair Housing Act but cannot reduce them. Various state and local jurisdictions have added specific protections, such as in New York, where a bank or landlord cannot inquire about a person's criminal record, and racial discrimination protections have been extended to include wearing ethnic hairstyles.
In the context of senior housing, Civil Code Sections 51.3 and 51.11 allow senior communities in California to implement and enforce age restrictions. However, these codes also permit other categories of persons who do not meet the age requirement to reside with a "qualifying resident", including "permitted healthcare residents" or caregivers. There is no restriction on the age of permitted healthcare residents, and they may continue to occupy the unit when the qualifying resident is temporarily absent due to hospitalisation or other necessary treatment.
While fair housing laws do not specifically address whether a caregiver can supersede age-restricted community laws, the presence of a caregiver in age-restricted communities is recognised, and legal advice should be sought to ensure compliance with relevant provisions.
Judicial Lawmaking: Common Law's Evolution
You may want to see also
Caregiver compensation
In California, senior communities have the authority to implement and enforce age restrictions for their residents. These age restrictions must include a requirement that each unit be occupied by at least one "qualifying resident", typically an individual aged 62 or older, or 55 and above, depending on the senior community.
However, Civil Code Sections 51.3 and 51.11 allow for exceptions to be made for certain individuals who do not meet the "qualifying resident" standard. One such category is "permitted health care residents", or caregivers. These caregivers can be live-in, long-term, or provide terminal health care to a qualifying resident. Notably, there are no age restrictions on permitted health care residents.
The rights of permitted health care residents to occupy a unit extend to periods when they are providing care to a qualifying resident "for compensation". This compensation is not limited to monetary payment but may also include provisions of lodging and food in exchange for care.
Some long-term care insurance policies allow family members to receive payment for their caregiving services. Additionally, some states have programs that pay caregivers to care for a family member, and there are also support programs for caregivers of veterans.
Momentum: Unifying Principle of Newton's Laws?
You may want to see also
Frequently asked questions
Yes, Civil Code Sections 51.3 and 51.11 allow for caregivers, or "permitted health care residents", to live with a qualifying senior resident in a senior community.
No, neither Section 51.3 nor 51.11 set forth any restrictions on the age of permitted health care residents.
A qualifying senior resident is someone who is 62 years of age or older, or 55 years of age or older, depending on the category of the senior community.
Yes, the caregiver must be providing live-in, long-term, or terminal health care to the qualifying senior resident. Additionally, the caregiver's right to occupy the unit only extends to periods when they are providing care to the resident, which can include compensation in the form of lodging and food.
