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Creative tactics? HUD/ Housing For Older Persons Act (HOPA95)

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7seas

Junior Member
Unique situation here in GA. in which a developer wants to rezone a parcel of land (RM) residential multifamily to allow for apartments. Currently the land is zoned for RHOP-62CC (continuous care for age 62+). This rezoning does not fit into the City's comprehensive land use plan. After a meeting of the city planning commission the developer has now agreed to possibly accepting a zoning and land use change to develop a 55+ community instead. It is my understanding that unlike a 62+ development the 80/20 rule must be adhered to in order to keep the exemption to the fair housing act and that if the developer defaulted on these conditions and lost the exemption then all previous age restrictions on the property would have to be removed and the property would then be able to be marketed to the general public. There is some speculation that this is a deliberate strategy for the developer to eventually get what they want in Multifamily apartments with no age restrictions. If the development goes forward and then loses its exemption to the fair housing act, will this affect the new RHOP-55 zoning change or does the federal fair housing laws then trump city zoning?
 


FarmerJ

Senior Member
You are free to pressure your city council & mayor and planning people to not deviate from the city land use plan as it is. I have never heard of so called feds stepping into a local land use issue like this. So I would suggest just keep your focus on city council & mayor and planning people to not deviate from the city land use plan as it is.
 

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