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Age Limit Upheld for Age 55+ Communities

Jan 21,2008

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.

John Buric has a multifaceted practice of law that includes the mobile home/manufactured home and recreational vehicle community industries, landlord-tenant, contracts, construction, real estate, administrative proceedings (including the Arizona Department of Housing), general business law and civil litigation. Knowledge of these practice areas is particularly suitable for serving the mobile home/manufactured home and RV industries. Since the 1980s, John has represented and advised the owners, developers and managers of manufactured home communities and resorts, mobile home communities and recreational vehicle communities in hundreds of matters involving a broad range of state and federal laws, business issues, real estate matters, eminent domain, governmental disputes, contracts, administrative complaints and litigation.
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