Grand Child in Senior Mobile Home Park

[Wesley Ogden]

For Calif: Need to know about the new law effective this past January that allows grand children to live in senior mobile home parks with their grandparents. Need to know the qualification that allow same. Grand daughter (age 16) going to high school and living with us, keeping care of grandmother in evening while grandpa work. Being threated by owner to be evicted unless grand daughter moves out immediately. Any help appreciated. More info, if needed, will be furnished upon request. Thanks you for any help. Wes Ogden

 

[LL]

Soory, I couldn't find such a law in California.

What I found was Civil Code 798.76:

798.76. The management may require that a prospective purchaser
comply with any rule or regulation limiting residency based on age
requirements for housing for older persons, provided that the rule or
regulation complies with the federal Fair Housing Act, as amended by
Public Law 104-76, and implementing regulations.

So, unless the federal Fair Housing Act permits you to keep your granchild, it seems that the park management has a right to restrict occupants by age.

 

[HomeGuru]

In my opinion, the Federal Fair Housing Act would permit granddaughter to live there if granparents have legal custody.
I would argue that under the FFHA, the park is discriminating unless the park is approved for only seniors.

[Edited by HomeGuru on 12-15-2000 at 11:20 AM]

 

[LL]

Is this what your were thinking of:


798.34 (d) A senior homeowner who resides in a mobilehome park that has
implemented rules or regulations limiting residency based on age
requirements for housing for older persons, pursuant to Section
798.76, may share his or her mobilehome with any person over 18 years
of age if this person is a parent, sibling, child, or grandchild of
the senior homeowner and requires live-in health care, live-in
supportive care, or supervision pursuant to a written treatment plan
prepared by a physician and surgeon. Management may not charge a fee
for this person. Any agreement between the senior homeowner and
this person shall not change the terms and conditions of the rental
agreement between management and the senior homeowner. Unless
otherwise agreed upon, park management shall not be required to
manage, supervise, or provide for this person's care during his or
her stay in the mobilehome park. This person shall have no rights of
tenancy in the park, but shall comply with the rules and regulations
of the mobilehome park. A violation of the mobilehome park rules
and regulations by this person shall be deemed a violation of the
rules and regulations by the homeowner pursuant to subdivision (d) of
Section 798.56. As used in this subdivision, "senior homeowner"
means a homeowner who is 55 years of age or older.

Sorry, but it doesn't allow you to have what you want.

Custody isn't enough, even if you have that.

 

[LL]

This is from a description by HUD of the Fair Housing Act.
It is not fromthe Act, itself.

Unless a building or community qualifies as housing for older persons,
it may not discriminate based on familial status. That is, it may not
discriminate against families in which one or more children under 18
live with:

A parent
A person who has legal custody of the child or children or
The designee of the parent or legal custodian, with the parent
or custodian's written permission.

Familial status protection also applies to pregnant women and anyone
securing legal custody of a child under 18.

Exemption: Housing for older persons is exempt from the prohibition
against familial status discrimination if:

The HUD Secretary has determined that it is specifically
designed for and occupied by elderly persons under a Federal,
State or local government program or
It is occupied solely by persons who are 62 or older or
It houses at least one person who is 55 or older in at least 80
percent of the occupied units, and adheres to a policy that
demonstrates an intent to house persons who are 55 or older.

A transition period permits residents on or before September 13,
1988, to continue living in the housing, regardless of their age, without
interfering with the exemption.

(http://www.hud.gov/fhe/fheact.html)

 

[HomeGuru]

To: younglsm, that was very good research and supports my response.
Thanks.

To Wesley Ogden: do you have any other questions.