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Age Limit Upheld for Age 55+ Communities
In 2002, the United States Ninth Circuit Court of Appeals ruled in favor of an age 55+ manufactured home community in California, which had denied residency to a 41-year-old applicant.
The applicant purchased a manufactured home already located in the age 55+ community and subsequently applied for residency. The landlord rejected the application, since its policy was to rent only to persons who were at least age 55. The applicant then filed a lawsuit against the landlord, asserting, among other things, that the restriction was unconstitutional and also violated the Federal Fair Housing Act.
The court ruled in favor of the landlord and recognized that the Fair Housing Act allows age 55+ communities to discriminate against applicants who do not meet the age criteria. The court likewise ruled that such conduct was not unconstitutional.