ROCs and Civil Rights

Posted on February 7, 2010 by Scott Gordon

I just returned from a brief trip to Memphis, Tennessee and visited the National Civil Rights Museum, which is located at the site of the murder of the Reverend Dr. Martin Luther King, Jr.  The museum has incorporated much of the Lorraine Hotel (including the room in which Dr. King stayed and the balcony outside that room where he was killed) as well as the apartment across the street from the hotel where James Earl Ray aimed and fired from a bathroom window and took Dr. King's life.   I recall the exact moment when I learned of Dr. King's death and to be able to view the site of his assassination in an "up close and personal" manner was an extremely powerful experience for me.   I highly recommend a visit to the museum if you are in the Memphis area and suggest that you view the short movie at the museum called "The Witness" before beginning to tour the exhibits.

As I made my way through the museum, I was reminded that many of the freedoms we take for granted today are the result of great sacrifices and courageous efforts by Americans of all colors and beliefs.   I couldn't help but marvel that less than fifty years ago, Dr. King was gunned down simply because many of his fellow countrymen could not accept the fact that all Americans were entitled to certain basic rights.   The fact that many of the injustices that Dr. King sought to overcome have been remedied speaks volumes to his legacy and to the laws that our federal and local legislators have enacted during the past five decades.

My visit to the museum reminded me about the direct connection between the Civil Rights laws and the Fair Housing and Disability laws that often create divisive problems for board members and other residents in the communities we work with.   Those Fair Housing and Disability laws built upon the earlier Civil Rights laws and extend rights of equality to which all Americans are entitled.  The underlying philosophy of all of these laws is simply that no American should be deprived of certain opportunities, whether in employment, or voting, or obtaining housing, simply because of his or her color or religion or disability.   Unless our legislators carve out an exception (such as the Housing for Older Persons Act), it's that underlying philosophy that should guide ROC board members.

Some forty-two years after Dr. King's death, it's an important lesson for all of us to remember.

Thanks to our friends at Francis I in Sebring for hosting last week's well-attended seminar.  We'll be at Windward Isles in Sarasota and Marco Shores in Naples this week and at Caribbean Isles in Apollo Beach during the last week in February.  If you'd like to attend one of these free seminars and haven't yet rsvp'd, please contact either Karen Midlam at kmidlam@lutzbobo.com or Kathy Sawdo at ksawdo@lutzbobo.com.  I hope to see you at one of these events.

 

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ROCs control the use of the 20 percent in "55 and over" communities

Posted on September 7, 2009 by Scott Gordon

ROC managers and board members in "55 and over" communities know that the Fair Housing Laws and the Housing for Older Persons Act  require that at least 80 per cent of the homes in the community must be occupied by at least one person 55 years of age or older.  This requirement is often referred to as the "80/20 rule". 

Communities that qualify for the "55 and over" exemption do not violate Fair Housing Laws by denying occupancy to underage individuals. 

Every so often, a ROC manager or board of directors is confronted by one of the following situations:

  • A prospective resident who is under the age of 55 claims that the 20 percent referred to in that "80/20 rule" must be reserved for underage persons--in other words, individuals under the age of 55 years.
  • A prospective resident who is under the age of 55 but is disabled claims that he cannot be denied housing in the community because he is protected under the disability provisions of the Fair Housing Laws.

The rules governing the "55 and over" exemption clearly state that "at least" 80 per cent of the homes in a "55 and over" community must be occupied by at least one person 55 years of age or older.  It's the ROC and not a prospective resident that determines how the "20" in the "80/20" rule is to be used.   I've always advised ROC managers and board members to be very careful in allowing any portion of that 20 per cent to be considered "underage" housing in order to protect against the loss of the "55 and over" exemption.

A community that qualifies for the "55 and over" exemption can deny housing to an underage person who has a disability as long as the community can establish that the basis for the denial was not the disability but rather the fact that the applicant was not 55 years of age or older.    Again, the community and not the applicant determines how the 20 per cent is used and as long as the denial is based on the applicant's inability to meet the requirement that he be at least 55 years of age, the discrimination--which is based on age and not the disability--would not violate Fair Housing Laws.

Of course, every situation is different and several other factors are involved in the determination of whether a community is qualified to be protected under the "55 and over" exemption.   I would strongly advise any ROC to contact its attorney when faced with any question about Fair Housing Laws and the "55 and over" exemption..

 

 

 

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