Abstract

http://ssrn.com/abstract=2131816
 


 



‘Peter Pan’ as Public Policy: Should Fifty-Five-Plus Age-Restricted Communities Continue to Be Exempt from Civil Rights Laws and Substantive Federal Regulation?


Mark D. Bauer


Stetson University - College of Law

August 18, 2012

Stetson University College of Law Research Paper No. 2012-18

Abstract:     
Although millions of Americans live in 55-plus age-restricted housing, little research has been done to determine whether these communities benefit their residents, or the nation as a whole. This is particularly ironic because these communities exist in contravention to anti-discrimination laws by virtue of a specific exemption granted to real estate developers by an Act of Congress. Ordinarily age discrimination is prohibited by the Fair Housing Act, Title VIII of the Civil Rights Act of 1968. Successful lobbying by special interest groups carved out an exemption for 55-plus housing.

The original exemption required developers to offer elders special services and facilities in these communities in return for the exemption. Over time, those requirements were eliminated and now the only requirement is that these communities exclude families and children.

While lifestyles focused on golf and tennis may be attractive to younger retirees, older Americans often find themselves in communities bereft of the services and facilities they need for basic life activities and safety. The very nature of these communities result in elders left with depreciating homes, and many are without the financial means to retrofit their 55-plus home or to move into a community better adapted for their needs. This Article explores a popular form of “senior housing” that is unsuitable for most older Americans.

Number of Pages in PDF File: 62

Keywords: Elder Law, Age-discrimination, housing law, retirement housing, 55-plus, Fair Housing Act, Civil Rights Act

JEL Classification: I30, I31, I32, I38, J14, K10, K11, K19, K30, K39, K32

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Date posted: August 19, 2012  

Suggested Citation

Bauer, Mark D., ‘Peter Pan’ as Public Policy: Should Fifty-Five-Plus Age-Restricted Communities Continue to Be Exempt from Civil Rights Laws and Substantive Federal Regulation? (August 18, 2012). Stetson University College of Law Research Paper No. 2012-18. Available at SSRN: http://ssrn.com/abstract=2131816 or http://dx.doi.org/10.2139/ssrn.2131816

Contact Information

Mark D. Bauer (Contact Author)
Stetson University - College of Law ( email )
1401 61st Street South
Gulfport, FL 33707
United States

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