What the rule says
Federal fair housing law protects families with children from housing discrimination. It exempts housing intended and operated for people 55 or older, and 24 CFR 100.304 sets out that exemption. A community has to meet several conditions to use it. The one people call the 80/20 rule comes from 24 CFR 100.305: at least 80 percent of occupied units must be occupied by at least one person who is 55 or older.
That leaves up to 20 percent of occupied units that can be occupied only by younger people. It also means a single resident who is 55 or older is enough to count a household toward the 80 percent.
How the count works
The percentage is measured against occupied units only. Empty units are left out of the calculation. A unit that is temporarily vacant still counts as occupied if its main occupant lived there in the past year and plans to return from time to time.
Some younger residents do not count against a community. The regulation lets a community keep its 80 percent standing even when it includes units occupied by certain on-site employees under 55 and their families, and units occupied by people under 55 who provide a reasonable accommodation to a disabled resident.
It takes more than the number
A community also has to publish and follow policies that show it intends to be housing for people 55 and older, and it has to verify who lives there. Under 24 CFR 100.307, a community sets up procedures for routinely determining the occupancy of each unit. Age can be shown with documents such as a driver's license, birth certificate, or passport, or with a signed certification from a household member who is 18 or older. Occupancy information must be updated at least once every two years.
This is why an association may ask you for proof of age when you buy, and why a community that ignores its own procedures can put its status at risk.
What this means when you are buying
The federal rule is a floor, and each community writes its own rules on top of it. Some require every owner to be 55 or older. Others follow the 80/20 standard more closely. Rules on adult children, grandchildren who stay for a long visit, a younger spouse, and inheritance vary, so the governing documents matter more than the label on the entrance sign.
Your own future sale matters too. Whoever buys from you will usually have to qualify under the same rules, which can narrow the pool of buyers.
Questions to ask before you make an offer
Ask for the governing documents early, and get answers to these:
- What are the age rules for owners, and where are they written?
- Can someone under 55 live in the home, and for how long?
- What happens if a co-owner or spouse who is 55 or older dies or moves out?
- How does the community verify age, and when did it last update its occupancy records?
- What are the rules on guests, grandchildren staying for the summer, and long visits?
- Are there limits on renting, and who approves a buyer?
Have an attorney review the documents before you close.
How 55+ differs from 62+ and "active adult"
Housing for people 62 and older is a separate category with its own rules under 24 CFR 100.303. "Active adult" is often a marketing phrase and does not create an age restriction by itself. Many communities in Viera and elsewhere on the Space Coast are built around low-maintenance living and welcome buyers of any age, while others are formally age-restricted.
The 55+ communities guide and the Viera area page explain how to tell them apart. If the community is a condominium, the condo buying guide covers what else to ask.
